KARACHI: The Sindh High Court (SHC) directed customs officials to file their comments on a constitutional petition filed by Muhammad Amir Hanif, sole proprietor of M/s Real Enterprises for immediately retracting the levy of anti-dumping duties pursuant to the impugned determination on imports of the investigated product.
On December 29, 2018, a two-member bench, headed by Justice Aqeel Ahmed Abbasi was hearing the matter. During the hearing, counsel for the customs department sought time to submit para-wise comments, therefore, the court granted time and directed customs officials to file comments on next date of hearing.
Earlier, counsel for the petitioner stated that petitioner is engaged in the business of import of pencils and related products, having its place of business at the addresses stated hereinabove, he submitted that by way of background, chairman National Tariff Commission received an application from the Indus Pencils Industries Pvt Ltd on 11/10/2017 under Section 20 of the Act, 2015, alleging dumping of lead pencils originating in and or exported from China into the commerce of Pakistan and thereby allegedly causing material injury to the domestic industry producing lead pencils.
He further argued that National Tariff Commission initiated an anti-dumping investigation notice of initiation dated 13/12/2017 against allegedly dumped imports of the investigated product on the application filed by the M/s Indus Pencils Industries Pvt Ltd on behalf of domestic industry producing lead pencils, wherein a preliminary determination was notified vide notice of preliminary determination dated 06/06/2018.
He said that importer filed an appeal before Anti-Dumping Appellate Tribunal which is pending, therefore, the court was pleased to restrain the anti-dumping authorities, due to non-functional and non-constitution of the Anti-Dumping Appellate Tribunal, from taking any coercive action against the petitioner for recovery of the subject amount.
Citing chairman National Tariff Commission, Anti-Dumping Appellate Tribunal and Indus Pencils Industries Pvt Ltd as respondents, petitioner pleaded the court may set aside notice of final determination and impugned determination dated 09/10/2018 and 10/10/2018 and declare the same as illegal.
Importer also pleaded the court may direct them to immediately retract the levy of anti-dumping duties being charge pursuant to the impugned determination on imports of the investigated product.