Section 9A in The Customs Tariff Act, 1975
9A. [ Anti-dumping duty. [Inserted by Act 52 of 1982, Section
counsel contended that anti-
dumping investigation conducted by the DA is administrative in nature,
whereas the imposition of anti-dumping duty is legislative in character ... contemplates levy of anti-dumping duty on
dumped articles. It reads as follows:
9A. Anti-dumping duty on dumped articles.- (1) Where any
article
appellant
with the customs authorities at Delhi on 22.5.2002.
Anti-dumping duty, indisputably, can be levied on issuance of a
notification by the Central Government ... said provision reads
thus :
"9A. Anti-dumping duty.- (1) Where any article is
exported from any country or territory (hereafter in this
section referred
order to offset or prevent dumping, a contracting party may levy on
any dumped product an anti-dumping duty not greater in amount than ... action is taken under anti-dumping legislation or
regulations.”
“Article 10
Retroactivity
10.1 Provisional measures and anti-dumping duties shall only be applied to
products
GATT 1994) which
permitted anti-dumping measures as an instrument of fair competition.
The concept of anti-dumping is founded on the basis that ... India;"
Under the Anti-dumping Rules viz. the Customs Tariff (Identification,
Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for
Determination
Anti-dumping Rules, the Authority
hereby initiates a sunset review investigation to review
the need for continued imposition of anti dumping
duties in force ... dumping Duty on Dumped Articles and for
Determination of Injury) Rules, 1995, in the matter of
continuation of anti-dumping duty on ‘Acrylonitrile
Butadiene Rubber
authority, i.e., the Designated Authority on Anti-dumping has
been constituted under the Anti-dumping Duty Rules framed under
the Customs Tariff Act which ... each other. While the provisions of Anti-dumping
Act are concerned with the levy of anti-dumping duty, the MRTP Act
in the present case
export of the said catalysts amounted to dumping and proposed provisional imposition of anti- dumping duties against the respondent. The said determination of the Authority ... order confirmed its preliminary findings on the question of dumping as well as anti-dumping duty payable. This finding of the Authority was also accepted
Rule 23 of the Anti-Dumping Rules,
under which the Designated Authority is empowered
to review the anti-dumping duty imposed from time
to time ... continuation or recurrence of dumping and injury
and therefore it was necessary to continue with
imposition of anti-dumping duty for another five
years.
Aggrieved
same manner as, a duty of customs, but not including- (a) the safeguard duty referred to in sections 8B and 8C of the Customs Tariff ... section 9 of the Customs Tariff Act; (c) the anti-dumping duty referred to in section 9A of the Customs Tariff Act; (d) the Social