NIRMA LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) These matters were mentioned in the morning for urgent circulation today itself, as the notification dated 3.7.2012 enuring for anti-dumping duty on the product in question was expiring on 2.7.2017 and the entire exercise undertaken by the concerned authorities for mid-term review and sun-set review for continuing the anti-dumping duty for safe guarding the Indian industry engaged in manufacturing the product would have been of no avail at all. Hence, the permission as sought for is granted and matters were taken up today.

(2.) The counsel for the petitioners submitted that as per the order of this Court, the mid-term review has in fact been undertaken and the disclosure statement dated 7.5.2017 has already been published. This statement of disclosure contains prima-facie findings going in favour of continuing anti-dumping duty. They read as under:

(3.) As the Sun-set Review had began as per the notification dated 16.6.2017 and as the anti-dumping duty earlier notification dated 2.7.2012 was to lapse on 2.7.2017, the petitioners of one of petition being SCA No. 12249 of 2017 made representation, copy whereof is produced at page nos. 252 and 253 to authorities to exercise power under proviso (ii) to Section 9(A)(5) so the interest of indigent industry may be jeopardize.