Law: Anti Dumping Duties Ordinance, 2015

Section: 37,23,2(d),2(j)(v)

Law: Customs Act, 1969

Section: 31A

(a) Anti-Dumping Duties Act (XIV of 2015)-----Ss. 37, 23, 2 (d) & 2 (j) (v)----Customs Act (IV of 1969), S. 31-A---Civil Procedure Code (V of 1908), O. XXXIX, Rr.1 & 2---Application under O.XXIX, Rr. 1 & 2 for temporary injunction---Anti-Dumping duty, validity of---Effective rate of duty---Applicability---National Tariff Commission issued notice to the plaintiff whereby Anti-Dumping Duty had been preliminary determined under S. 37 of Anti-Dumping Duties Act, 2015 on prices of Polyester Staple Fiber---Plaintiff challenged said notice on ground that as the plaintiff had entered into a binding contract by establishing a Letter of Credit, the Anti-Dumping Duty could not be levied on the goods being imported under said Letter of Credit---High Court had already allowed release of consignment pending adjudication of the suit subject to furnishing post-dated cheques in the Court for disputed amount of the duty---Plaintiff, contended that no duty having been levied prior to impugned notice, the plaintiff had acquired vested right, and that no Anti-Dumping duty, therefore, was to be paid---Validity---Matter in question was not a case of any vested rights, which might have accrued to the plaintiff for the reason that the investigation with regard to imposition of the Anti-Dumping Duty had been initiated by the defendant authority in terms of S. 23 of Anti-Dumping Duties Act, 2015 when the plaintiff had not established the Letter of Credit---Pursuant to initiation of the investigation, notices had been issued to the respective suppliers and exporters/producers had responded to the request of the defendant for providing information and data for the purpose of the investigation---Plaintiff's plea as to accrual of any vested right was misconceived and factually incorrect, as the Anti-Dumping Duty had been levied on the exporters/producers, who had apparently participated in the investigation proceedings---Applicant/interveners were parties before the authorities in the final determination of levy of the impugned Anti-Dumping Duties---Impugned notice reflected that the investigation under S. 23 of Anti-Dumping Duties Act, 2015 had been initiated by the authorities…

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