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SHC directs customs authorities to release petitioner’s consignment

SHC directs customs authorities to release petitioner’s consignment

KARACHI: The Sindh High Court (SHC) has directed the customs authorities to release the consignment of the Polyvinyl Chloride Resin on a constitutional petition filed by M/s Dadex Enternit Limited against levy of anti-dumping duty @ 35.11% amounting to Rs 3,750,856 by the National Tariff Commission.

While the hearing of the petition, a two-member bench, headed by Justice Munib Akhtar also suspended provisional anti-dumping duty until the next date of hearing.

During the hearing, court also directed the petitioner to submit security and satisfy the nazir of this court for the release of the consignment.

Earlier, counsel for the petitioner stated that it is engaged in the manufacturing and sale of construction material which mainly includes piping systems and other allied products, one of the petitioner’s product is PVC pipes for which the main raw-material use PVC Resin suspension grade.

According to the petitioner, dated 13/06/2017 the petitioner came to know that said respondent initiated an anti-dumping investigation on 29/11/2016 under section 23 of the anti-dumping duties act, 2015, however, without any notice to it and hearing, and allegedly on the basis of some information collected from the exporters, said respondent determined that the import of the investigated products PVC Resin suspension grade has caused material injury to the domestic industry and imposed provisional anti-dumping duties on import of PVC Resin.

He submitted that it has recently imported a consignment of Polyvinyl Chloride Resin on which the said respondent has levied an anti-dumping duty @ 35.11% amounting to Rs3,750, 856 in view of the imposition of provisional anti-dumping duty illegally.

Citing Collector of Customs, National Tariff Commission through chairman, chairman Federal Board of Revenue and others as respondents, importer pleaded the court to declare the act of the respondent as illegal, mala fide and arbitrary, court also may set aside impugned imposition.