SC stays order quashing removal of duty on purified terephthalic acid
This story was originally published at 15:34 IST on 29 July 2024
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NEW DELHI – The Supreme Court today stayed a Gujarat High Court order to quash notifications by the government which revoked anti-dumping duty imposed on purified terephthalic acid originating in or exported from the People's Republic of China, Iran, Indonesia, Malaysia, Taiwan, People's Republic of Korea, and Thailand. The apex court also sought a response from Reliance Industries Ltd and other parties in the case.
On May 2, the high court had asked the designated authority of the government to immediately proceed to initiate the sunset review process in relation to the continuance of anti-dumping duty already levied as per a notification in 2019 which had imposed duty for a period of five years concerning imports of purified terephthalic acid originating in or exported from People's Republic of Korea and Thailand. So far as sunset review in case of 2019 notification is concerned, the same shall be complied with and completed in accordance with the statutory provisions and rules for determining the continuation or recurrence of injury to domestic industry in respect of the product in question, the high court had said.
The high court had said that the 2019 notification shall be revived and anti-dumping duty shall become leviable on the purified terephthalic acid. The designated authority of government after initiation of sunset review shall comply with the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, and shall recommend to Centre for its continuance or withdrawal of anti-dumping duty on subject goods, the high court had said. The top court today stayed all these orders of the high court.
The high court was hearing petitions from Reliance Industries Ltd and other parties contesting that the cheap imports from Korea, Thailand, and other countries were causing damage to them. Reliance Industries had sought a probe for the continuation of the anti-dumping duty. Reliance Industries has said that revoking the anti-dumping duty without adopting mandatory procedure was arbitrary, without authority of law, in violation of principles of natural justice and without any logical reasoning on a factual basis. Challenging the high court's order, the government had moved the apex court.
At 1400 IST, the shares of Reliance Industries were up 0.7% at 3,040 rupees on the National Stock Exchange. End
IST, or Indian Standard Time, is five-and-a-half hours ahead of GMT
Reported by Surya Tripathi
Edited by Manisha Baxla
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