DESIGNATED AUTHORITY, MINISTRY OF COMMERCE & INDUSTRY & ANR. versus INDIAN METALS & FERRO ALLOYS LTD.

DESIGNATED AUTHORITY, MINISTRY OF COMMERCE & INDUSTRY & ANR. versus INDIAN METALS & FERRO ALLOYS LTD.

The Supreme Court determined that given the complexity and potential ramifications of the issues raised, the matter should be referred to a larger Bench to reconsider and address questions on the interpretation of anti-dumping duty provisions and confidentiality rules under Customs Law.

Parties
Petitioner: Designated Authority, Ministry of Commerce & Industry & Anr.; Respondent: Indian Metals & Ferro Alloys Ltd.
Jurisdiction
India
Judgment Date
27 January 2009
Procedural Posture
Special Leave Petition (civil) / Reference to Larger Bench
Outcome
Matter referred to larger Bench.
Legal Topics
Anti Dumping Duty, Interpretation of Customs Tariff Act, Confidentiality Under Customs Rules
Customs Law Trade Law Anti Dumping Duty Interpretation of Customs Tariff Act Confidentiality Under Customs Rules

Case Brief

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Parties

Designated Authority, Ministry of Commerce & Industry & Anr.

Petitioner

Indian Metals & Ferro Alloys Ltd.

Respondent

Procedural Posture

Special Leave Petition (civil) / Reference to Larger Bench

Legal Issues

  1. 1 Whether the interpretation that Anti-Dumping Duty is country specific rather than exporter specific is in consonance with the provisions of Rules 12, 15, 17(3), 18, 19(3) and Annexure 1 to the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and For Determination of Injury) Rules, 1995.
  2. 2 Whether the interpretation placed upon Rule 7 of the Rules is correct in so far as it diminishes the Rule of confidentiality statutorily provided for under Rule 7.

Ratio Decidendi

The Supreme Court determined that given the complexity and potential ramifications of the issues raised, the matter should be referred to a larger Bench to reconsider and address questions on the interpretation of anti-dumping duty provisions and confidentiality rules under Customs Law.

Court Disposition

Matter referred to larger Bench.

Orders

  • Records be placed before the Hon'ble Chief Justice of India for necessary orders.