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M/s Real Enterprises approaches SHC against levy of anti-dumping duties

M/s Real Enterprises approaches SHC against levy of anti-dumping duties

KARACHI: Muhammad Amir Hanif, proprietor of M/s Real Enterprises, approached the Sindh High Court (SHC) for immediate retract the levy of anti-dumping duties being charge pursuant to the impugned determination on imports of the investigated product.

On Dec 20, 2018, counsel for the petitioner stated in his petition that petitioner is engaged in the business of import of pencils and related products, having its place of business at the addresses stated in petition.

He submitted that by way of background, chairman National Tariff Commission received an application from the M/s 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 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, 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 to 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 to direct them to immediately retract the levy of anti-dumping duties being charge pursuant to the impugned determination on imports of the investigated product.