THIRUMALA CHEMICALS LTD Vs. DIRECTOR GENERAL OF SAFEGUARDS

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution of India is directed against the Notification No. 75/2009-Customs, dated 30th June, 2009 levying safeguard duty for imports for the period 29th January, 2009 to 31st December, 2009 at the rates mentioned in the said Notification.

(2.) The petitioners are claiming to be domestic purchasers of Phthalic Anhydride ("PAN" for short) and that they have suffered serious injury on account of import of said items by the importers. They claimed to have approached the Director General (Safeguards) as per the provisions of Safeguard Duty Rules framed under the Customs Tariff Act, 1975. The Director General (Safeguards) has recorded its final findings vide Notification dated 28th May, 2009 indicating necessity of imposing safeguard duty on imports of PAN into India.

(3.) In exercise of powers conferred by Sub-section (1) of Section 8B of the Customs Tariff Act, 1975 read with Rules 12, 14 of the Rules 1997, after considering the findings of Director General (Safeguards), duty was imposed on PAN falling under tariff item 2917 35 00 of the First Schedule of the said Act when imported into India at the rates mentioned in the Notification No. 75/2009-Customs dated 30th June, 2009 referred to hereinabove.