Anti Dumping Duty: The Department Has Circumstantial Discretion To Include Exporters Or Importers in The Purview Of ‘Domestic Industry’; Gauhati High court

Case: Century Plyboards (I) Limited Versus UOI

Coram: Justice Achintya Malla Bujor Barua

Case No.: Review.Pet./9/2020

Court Observation: “It cannot be understood that inclusion of the word ‘only’ in the definition of ‘domestic industry’ as per the notification dated 27.02.2010 had led to an absurdity or anomaly or unless material — intrinsic or external — is available to consider it superfluous. The word ‘only’ gave a definite meaning to exclude the producers related to the exporters or importers of the dumped article or the importers themselves from the purview of ‘domestic industry’. Removal of the word ‘only’ by the amendment contained in the notification dated 01.12.2011 would therefore have to be construed that such removal had withdrawn the effect of exclusion of such producers and therefore, it cannot be understood that a superfluous word has been removed,” the court said.

Anti Dumping Duty: The Department Has Circumstantial Discretion To Include Exporters Or Importers in The Purview Of ‘Domestic Industry’; Gauhati High court