Relief to CPMA: SC directs Govt to levy Provisional Anti Dumping Duty on LDPE
As a relief to the Chemical and Petrochemical Manufacturer Association (CPMA), the Supreme Court of India directed the government to levy provisional anti-dumping duty on Low-Density Polyethylene (LDPE). It was submitted that the respondent–authority failed to impose Anti Dumping Duty on imports of Low-Density Polyethylene (LDPE) from foreign countries despite the final determination...
As a relief to the Chemical and Petrochemical Manufacturer Association (CPMA), the Supreme Court of India directed the government to levy provisional anti-dumping duty on Low-Density Polyethylene (LDPE).
It was submitted that the respondent–authority failed to impose Anti Dumping Duty on imports of Low-Density Polyethylene (LDPE) from foreign countries despite the final determination of significant dumping and consequent material injury to the Indian Industry by the designated authority Respondent no. 1 in its report Final Finding dated 31.03.2022.
It was held that interim orders granted by various High Courts in such matters directing provisional assessment have not been implemented by the respondent authority despite confirmation of the said order by this court by the dismissal of the challenge made to the interim orders by the respondent–Union of India.
It was evident that the non-levy of Anti Dumping duty is causing grave irreparable injury and prejudice to Indian Manufactures on a daily basis. Anti-dumping duties are taxes imposed on imported goods to compensate for the difference between their export price and their normal value, if dumping causes injury to producers of competing products in the importing country.
Anti-dumping is an instrument used for fair trade and it provides relief to the domestic industry against the injury caused by dumping.
A two-judge bench comprising Justice Krishna Murari and Justice Sanjay Karol observed that the petitioner is entitled to an interim order and directed the respondent to impose a provisional Anti Dumping Duty under Section 9A (2) of the Tariff Act at the rate determined by respondent No. 2 in its Final Finding vide Notification dated 31.03.2022 published in Extraordinary Gazette of India. The levy of such Anti Dumping Duty shall be subject to final adjudication in these proceedings.
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