Law: Constitution of Pakistan, 1973

Section: 4,8,9,25,27,77,199,270A,270AA

(a) Anti-Dumping Duties Act (XIV of 2015)--Ss. 14(2)(4),32, 51(2)(6) & 70-Final Anti-dumping duty-Final determination-National Tariff Commission (NTC)-Petitioner assailed Final Determination of anti-dumping duties on imports of Polyester Filament Yarn-Validity-National Tariff Commission conducted investigation on merits and imposed duties in accordance with law- Individual dumping margin for 11 operating exporters/foreign producers was calculated in terms of S. 51(2) of Anti-Dumping Duties Act, 2015, by NTC-In terms of S. 51(6) of Anti-Dumping Duties Act, 2015, NTC applied residual Anti-Dumping Duty rates for imports from exporters not known to the Commission at the time of final determination at a rate not exceeding a weight average of individual dumping margins established for exporters and producers examined during investigation, excluding margins established in accordance with S. 32 of Anti-Dumping Duties Act, 2015--Petitioner had an alternate remedy available to it under S. 70 of Anti-Dumping Duties Act, 2015, whereunder 'an interested party' could prefer an appeal to Anti- Dumping Appellate Tribunal against initiation, preliminary determination or final determination- Petitioner could not bypass the remedy provided in relevant statute to invoke Constitutional jurisdiction of High Court under Art. 199 of the Constitution--Constitutional petition was dismissed in circumstances. The Imperial Tobacco Co. of India Ltd. v. The Commissioner of Income-Tax, South Zone, Karachi and another PLD 1958 SC (Pak.) 125; National Bank of Pakistan and 117 others v. SAF Textile Mills Ltd. and another PLD 2014 SC 283; Shahid Pervaiz v. Ejaz Ahmad and others 2017 SCMR 206; Messrs Friends Technical Engineering Association, Muzaffarabad / Rawalpindi through Advisor to the Prime Minister of Azad Jammu and Kashmir and 4 others v. Barrister Syed Iftikhar Ali Gillani and 24 others 2018 CLC 54; Muhammad Saleem Bikiya through Attorney and 14 others v. Pakistan through Secretary Ministry of Commerce and another 2018 PTD 2026; Messrs Aimnaz (Pvt.) Limited v. Federation of Pakistan, through the Secretary, Ministry of Law, Federal Secretariat, Islamabad and 2 others 2018 PTD 1966; Messrs…

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