Page 138 - CW E-Magazine (6-8-2024)

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COURT BATTLES

Supreme Court stays Gujarat HC order reinstating

anti-dumping duty on PTA

The Supreme Court has stayed a Corp. Ltd., and other domestic produ- proceed in respect of the sunset review
Gujarat High Court order that rein- cers of the material stood to see their process in relation to the continuance
stated anti-dumping duty on imported profi t margins shrink due to the removal or otherwise of the countervailing duty
purifi ed terephthalic acid (PTA) from of the anti-dumping duty, according to already commenced as per notifi cation
Korea and Thailand. news reports. dated December 08, 2021,” the High
Court order said.
The move to reinstate anti-dumping Reliance Industries – the largest
duty on imported PTA had come as a producer of PTA in India with an annual The government, however, said the
relief for domestic manufacturers. This capacity of 4.4-million tonnes – and 2019 notifi cation would have expired
decision was a culmination of petitions others had then approached the Gujarat on July 23 this year and could not be
fi led by local producers to protect them High Court arguing that removing the revived retroactively.
from damage caused by cheap imports. duty without following proper proce-
dures was arbitrary and unjust. The Supreme Court bench of
The government had on July 24, Justices BV Nagarathna and N Kotiswar
2019, imposed anti-dumping duty Following this, the Gujarat High Singh has stayed the Gujarat High
on PTA imports for fi ve years. But in Court reinstated the notifi cation from Court’s order and sought responses
February 2020, Union Finance Minister 2019 and instructed the Union govern- from Reliance Industries and the other
Nirmala Sitharaman, in her budget for ment to initiate a sunset review process parties involved.
2020-21, announced the removal of the to determine whether to continue or
duty citing public interest. withdraw the duty. “Can the High Court supervise the
economy?” Justice Nagarathna remarked
Reliance Industries, Indian Oil “The government shall immediately while staying the lower court’s order.

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138 Chemical Weekly August 6, 2024

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