Superb Threads v. Union of India & Anr.

Delhi High Court · 22 Jan 2018 · 2018:DHC:8781-DB
Jiv Khanna; Chander Shekhar
W.P.(C) 1187/2017
2018:DHC:8781-DB
administrative other

AI Summary

The Delhi High Court disposed of petitions challenging anti-dumping duties on embroidered yarn, accepting the official clarification that white yarn is included in the exclusion, with liberty for importers to seek relief if needed.

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HIGH COURT OF DELHI
W.P.(C) 1187/2017 & CM No.5390/2017
SUPERB THREADS Petitioner
Through: Mr. Jitendra Singh & Mr. Vaibhav Sharma, Advocates
VERSUS
UNION OF INDIA & ANR.
Through:
WITH
Respondents Mr. Kirtiman Singh, Mr. Prateek Dhanda, Mr. Waize Ali Noor & Mr. Saeed Qadri, Advocates for respondent Nos.l and 2
Ms. Renu Khair, Mr. Rajesh Sharma & Ms. Rita Jha, Advocates for
Domestic Industry
W.P.(C) 1205/2017
YIBIN HIEST FIBRE LTD. CORPORATION ..... Petitioner
Through: Mr. Jitendra Singh & Mr. Vaibhav Sharma, Advocates
VERSUS
UNION OF INDIA & ANR.
Through:
Respondents Mr. Kirtiman Singh, Mr. Prateek Dhanda, Mr. Waize Ali Noor & Mr. Saeed Qadri, Advocates for respondent Nos.l and 2
Ms. Renu Khair, Mr. Rajesh Sharma & Ms. Rita Jha, Advocates for
Domestic Industry 2018:DHC:8781-DB
CORAM: 17
HON'BLE MR. JUSTICE JIV KHANNA
HON'BLE MR. JUSTICE CHANDER SHEKHAR
22.01.2018 Learned counsel for the official respondents seeks permission to place on record a short note, on the basis of the instructions received, Para 3 of the said note reads as under:-
"3. The Answering Respondents respectfully submit that
it is ex facie clear from a perusal of the Final Finding
notification and the above quoted clarification dated
14.07.2016 issued within the purview of the Final
Finding notification, it is evident that:-
A. For exclusion of the product from imposition of anti-dumping duty, a yarn is considered as embroidered yam/thread which is a finished ready to use product. ^
B. Therefore, it would mean that by definition embroidered yam is coloured and white is also a colour, which is a result of processing raw yarn.
C. In other words irrespective of the colour, the product concerned must fall within the meaning of . "embroidered yarn" as clarified vide Notification dated 14.07.2016."
In view of the aforesaid short note, copy of which has been given to learned counsel for the petitioners, it is submitted by learned counsel for the petitioners that he does not press these petitions.
Learned counsel for the petitioners further states that, if any confusion or debate arises, the importers would rely on the short note. Individual importers, ifrequired, would initiate appropriate proceedings.
In view of the statement made by learned counsel for the petitioners, the petitions are' disposed of, with liberty as prayed. CM
No.5390/2017 is also disposed of SANJIV KHANNA, J.
CHANDER^SHEKHAR, J.
JANUARY 22, 2018 tp
JUDGMENT