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Anti-dumping probe against Hyundai can't be terminated: Madras High Court |
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CHENNAI: The Madras High Court today said the ongoing anti-dumping investigation and imposition of anti-dumping duty against car major Hyundai for import of cast aluminium alloy wheels from China, Korea and Thailand, cannot be terminated.
"...Their fate depends upon what the final order of the designated authority is going to be," the court said.
Hyundai had filed four writ petitions seeking a halt to the ongoing anti-dumping investigation against it and challenging provisional anti-dumping duty imposed on it.
One of these petitions challenged the preliminary findings rendered by the designated authority while two other pleas challenged the extension notification extending time up to June 9, 2014 and a communication intimating the parties about the extension of time.
Rejecting the writ petitions, Justice V Ramasubramanian said the extension granted to the authority after expiry of the original period is perfectly valid, as the grant of a request for adjournment need not necessarily form part of the principles of natural justice.
"If an adjournment could prove fatal to a case, a quasi-judicial authority can always deny the request for adjournment. If the adjournment of a case by one day would make the case infructuous and make one party the winner by default, the adjudicating authority should reject such request," the judge said.
Noting that the designated authority could have granted extension of a couple of days, Justice Ramasubramanian said, "I have already furnished the list of persons who participated in the proceedings and the consultants/solicitors who represented them before the designated authority. Except Hyundai, no other participant has complained about the denial of an opportunity of hearing."
As for the two writ petitions relating to preliminary findings and the imposition of provisional duty, the judge said, "Their fate depends upon what the final order of the designated authority is going to be."
The matter relates to anti-dumping investigation initiated by the Directorate General of Anti-Dumping and Allied Duties, on a complaint from Visakhapatnam-based M/s Synergies Castings Ltd, which manufactures cast aluminium alloy wheels.
In the complaint, the company alleged that the importers such as Hyundai Motors India Ltd., were importing into India, cast aluminium alloy wheels at less than its normal value and, therefore they have incurred a liability to pay anti-dumping duty.
The designated authority initiated a probe on December 10, 2012. Since the probe could not be concluded within the prescribed one-year time limit expiring on December 9, 2013, the Union government extended it up to March 9, 2014.
The authority then recorded a preliminary finding and recommended to the Centre imposition of provisional anti-dumping duty which issued a notification on April 11, this year imposing provisional duty.
After more than a month-and-a-half of the lapse of extended time, the Centre passed an order on April 30 granting further extension, retroactively from March 9 up to June 9.
Meanwhile, since the incumbent designated authority had been transferred, his successor assumed charge and issued an e-mail asking Hyundai representatives to be present for personal hearing at 5 PM on May 30.
Contending that the intimation was received just a day earlier, Hyundai wanted extension of time and as it was denied, it filed another petition alleging denial of principal of natural justice of an opportunity to be heard.
Then it filed a total of four writ petitions which were rejected by the court today.
Source : economictimes.indiatimes.com
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