Financial Daily from THE HINDU group of publications
Friday, May 31, 2002
Industry & Economy
Imports of polyester staple fibre -- HC dismisses plea against dumping duty
NEW DELHI, May 30
THE decks have been cleared for the Finance Ministry to implement the preliminary anti-dumping duty on imports of polyester staple fibre (PSF) recommended by the designated authority recently with the Rajasthan High Court dismissing the writ petition challenging the interim dumping levy filed by end-users and importers.
Industry sources who filed the petition for levy of preliminary anti-dumping duty told Business Line here that on May 29 the Rajasthan High Court has dismissed the writ petition filed against the authority's interim findings recommending imposition of anti-dumping duty.
The petitioner demanding imposition of anti-dumping duty include Association of Synthetic Fibres Industry (ASFI), represented the domestic PSF industry, alleging dumping of certain polyester staple fibres from Indonesia, Korea, Malaysia, Taiwan and Thailand. Based on extensive investigations into the complaints of the petitioners as also the end-users/importers, the designated authority imposed preliminary anti-dumping duty on imported PSF varying between $0.951 per kg to a maximum of $1.264 per kg against PSF imports from the subject countries.
But even as the anti-dumping investigations were initiated, this was challenged by some of the end-users/importers representing spinning mills in Chennai, Bangalore and Jodhpur. But the designated authority gave every opportunity to end-users and importers to represent their viewpoints and after weighing the facts and circumstances only, the authority came out with its preliminary findings, the sources said.
However, the Ministry of Finance had not followed up the recommendation with actually imposing anti-dumping duty since the matter was pending in various High Courts in the country.
The sources said that even at the early stage when anti-dumping probe was set off and a writ petition was submitted in the Karnataka High Court, challenging the very initiation of dumping probe and the jurisdiction of the designated authority, the High Court dismissed the petition stating that it did not find adequate justification for interfering with the investigation of the designated authority.
Subsequently, the Madras High Court also considered the issue and dismissed the writ filed by end-users/importers of PSF.
The final nail on the writ petition was hammered by the Rajasthan High Court, which dismissed the case on May 28.
Incidentally, a series of decisions from the High Courts upholding the orders of the designated authority in regard to such investigations entrusted to it only confirmed the transparency and objectivity in conducting anti-dumping probes by the designated authority, the sources added.
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