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Showing contexts for: Sunset Review in Page No.# 1/4 vs The Union Of India And 3 Ors on 29 September, 2021Matching Fragments
4. There was a sunset review investigation conducted by the Joint Secretary-cum- Designated Authority under the Directorate General of Trade Remedies, Department of Commerce, in the Ministry of Commerce and Industry, Government of India as regards the antidumping duty for imports of melamine from the Peoples of Republic of China. The final finding in respect of sunset review investigation was notified by the notification no. AD- SSR/16/2020 dated 23.08.2021.
5. The final findings are admittedly made under Rule 17(1)(b) of the Customs Tariff (Identification, Assessment and Collection of Antidumping Duty On Dumped Articles and For Page No.# 3/4 Determination of Injury) Rules, 1995.
6. The grievance of the petitioner is that in course of the investigation by the Designated Authority, the petitioners had submitted certain representations/questionnaires, in course of their entitlement for a hearing before the Designated Authority where sunset review investigation was being conducted. The grievance of the petitioner is that while making the recommendation by the Designated Authority as per the notification dated 23.08.2021, the representations/answers to the questionnaires made by the petitioners were not given its due consideration.
10. We have been told that the user questionnaire response is for a consumer whereas the import questionnaire response is for an importer and it is an admitted position of the Designated Authority that the petitioner Century Ply is an importer and a consumer.
11. Be that as it may, as the final determination has not yet been made by the Central Government, we request the Central Government to take note of that the import Page No.# 4/4 questionnaire response submitted by the petitioner at the stage of sunset review investigation was not taken into consideration by the Designated Authority by stating the reason that they were required to file user questionnaire response and not the import questionnaire response in the background of the aspect that it is an admitted position of the Designated Authority that the petitioner Century Ply is both an importer and a consumer and by taking note, give a due consideration as required under the law.
12. If any other representation was also submitted by the petitioners before the Designated Authority at the stage of the investigation, the Central Government may also look into it, if otherwise acceptable in law. It is also stated that the petitioners had also submitted the representation before the Designated Authority at the stage when the sunset review investigation was carried out. If it is so and if any such representation is permissible in law before the Designated Authority at the stage of taking the sunset review investigation, the Central Government may also take note of the representation and give its due consideration.