No.17696 of 2017 Saint Gobain India Private Limited, rep. Union of India, Ministry of Finance, through its Secretary, Department of Revenue, North Block, New Delhi-110 001. The Directorate General of Anti Dumping and Allied Duties, (through the Designated Authority), Ministry of Commerce, Udyog Bhavan, New Delhi. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the records of the Notification bearing No.30/2017-Customs (ADD) dated , issued by the respondent No.1, and quash the same. Various interested parties during the course of investigation also placed evidence before the Designated Authority. The Designated Authority heard the parties in person on and in accordance with Rule 6 of the ADD Rules. It is submitted that there is no power to undertake a New Shippers Review under the Act to make Rule 22 in exercise of power under Section 9A(6) of the Customs Tariff Act, 1975, as Section 9A(5) confers the power only to undertake a sunset review and not a New Shippers Review.
It appears that this review being sought for by a producer in a foreign country, who has not exported his product into India, is referred to as a New Shipper Review, though such a term dose not find place in the ADD Rules. The petitioners contention is that Rule 23 provides for two types of reviews; one is popularly called as the mid-term review, which is done after a reasonable period of time has elapsed, since the imposition of the anti-dumping duty. Tariq Glass Industries Limited, Pakistan, the third respondent. The recommendation of the Designated Authority was accepted by the Government of India and anti-dumping duty was levied vide notification dated . No.12950 of 2017 has been filed, challenging the final findings given by the second respondent, the Directorate General of Anti-Dumping and Allied Duties, dated , as modified vide corrigendum dated , by which the Designated Authority recommended Anti-Dumping Duty of USD 23.54 per MT be imposed on imports of clear float glass of nominal thicknesses ranging from 4 mm to 12 mm (both inclusive) produced and exported by M/s. Tariq Glass Industries Limited, under Rule 22 of the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on dumped articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as ADD Rules). The Designated Authority, vide final findings dated , recommended anti-dumping duty at USD 123.61 per MT for goods exported from Pakistan. Nos.13816 & 13817 of 2017 & 15564 of 2017 & 19202 of 2017 Orders reserved on Orders pronounced on W. No.12950 of 2017 Saint Gobain India Private Limited, rep. Union of India, Ministry of Finance, through its Secretary, Department of Revenue, North Block, New Delhi-110 001. The Directorate General of Anti Dumping and Allied Duties, (through the Designated Authority), Ministry of Commerce, Udyog Bhavan, New Delhi. Tariq Glass Industries Ltd., 128 J, Model Town, Lahore, Pakistan. Rajagopalan, Additional Solicitor General of India assisted by Mr. The learned counsel referred to various cases, where the New Shipper Review investigation has exceeded 18 months and listed as many as 8 such cases where final findings were rendered by the Designated Authority much after 18 months. & others reported in (2005) 12 SCC 454 and in Designated Authority & others v. However, no such provision has been provided under Rule 22 and this conspicuous omission was a conscious omission on the part of the legislature not to make the aforesaid Rules applicable in view of the nature of review contemplated under Rule 22.