SRF LIMITED Vs. REFEX REFRIGERANTS LIMITED

JUDGEMENT

(1.) FOR the sake of easy reference and convenience, the writ petitioner in both the writ petitions (M/s.Refex Refrigerants Limited) is hereinafter referred to as the 'petitioner' and the appellant in both the writ appeals (M/s.SRF Limited) is hereinafter referred to as the 'complainant' and the official respondents are referred to as per their ranking in W.P.No.10709 of 2010.

(2.) FROM the materials placed on record, it is assessed that both the writ petitioner and the complainant are in the business of Refilling and Sale of Refrigerant gases used in Air Conditioning and Refrigeration Industry. Till about 1999, Chloroflouro Carbon Gas (CFC) was commonly used in Air-conditioning and Refrigeration and since the use of the said gas was considered unfriendly to the environment, since having Ozone depleting effect, under the Montreal Protocol of 1999, to which our country is also a signatory, it was decided that CFC shall be substituted by Hydrofluoro Carbon Gas (HFC), a non-Ozone depleting gas and the signatory countries are required to freeze the production of CFC gas by July 1999, achieve 50% reduction of CFC production by January 2005 and completely stop use of CFC gas by January, 2010. According to the petitioner, they import HFC gas mainly from China and Japan in the form of large ISO tanks and after import, transfer the contents into low capacity tanks and distribute the same in India.

(3.) IN this backdrop, alleging that the petitioner is committing dumping, which is affecting the domestic industry in the field, the complainant has filed an application before the Designated Authority under the Customs Tariff Act, 1975 and Customs Tariff (Identification, Assessment and Collection of Anti Dumping Duty on Dumped Articles and for Determination of INjury) Rules, alleging dumping of 1,1,1,2-Tetraflouoroethane or R.134a of all types originating in or exported from China and Japan and requested initiation of Anti Dumping investigation for levy of anti dumping duties on the above said subject goods against the petitioner. Based on the same, anti-dumping investigation was initiated by the respondents against the petitioner and provisional determination regarding the anti-dumping duty was arrived at by them under the proceedings dated 19.2.2010.