2024-VIL-419-GUJ-CU
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CUSTOMS High Court Cases

Customs - Non-acceptance of final findings of Designated Authority in respect of sunset review investigation for levy of anti-dumping duty on imports of Textured Tempered Coated and Uncoated Glass originating in or exported from China PR - Challenge to Central Government Office Memorandum dated 17th August 2022 confirming decision of the Central Government not to accept the findings of the Designated Authority for continuation of anti-dumping duty on Textured Toughened (Tempered) Glass – HELD - The final findings of the Designated Authority were submitted to the Central Government in respect of sunset review investigation for levy of anti-dumping duty concerning the imports of Textured Tempered Coated and Uncoated Glass originating in or exported from China PR - Recommendations of the Designated Authority are not binding on the Central Government and the Central Government would have its own decision after recommendations of the Designated Authority are made available to it in accordance with the statutory procedure - In the facts of the case, the Central Government, after considering the recommendations of the Designated Authority, has taken a decision not to extend the anti-dumping duty, for which, no interference can be made while exercising writ jurisdiction as it would be in the domain of the Central Government to decide as to whether the anti-dumping duty should be continued in the public interest taking into consideration all the various factors – the scope of judicial review of an economic legislation is very minimal as it has been held by the Hon’ble Apex Court that the legislation must be given free play in the joints when it comes to economic legislation - the petition, being devoid any merit, is dismissed
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