Sindh High Court
2016
THLN 615
2016 PTD 1334
Laws Cited
Anti Dumping Duties Ordinance, 2015 | Customs Act, 1969
Sections
37,23,2(d),2(j)(v) | 31A

ELLECOT SPINNING MILLS LTD.

VS

FEDERATION OF PAKISTAN through Secretary, Ministry of Trade and Commerce, Islamabad and 6 others

Petitioner(s) by: Muhammad Anas Makhdoom
Respondent(s) by: Waqas for Defendants No. 2. Ameen Abbasi and Kafeel Ahmed Abbasi for Defendants Nos. 5 Salman Zaheer for Intervener.
Present: MUHAMMAD, JUNAID GHAFFAR, J
ORDER

ORDER:-Through this suit the plaintiff has impugned Notice dated 3-10-2015 issued by the National Tariff Commission, whereby, Anti-Dumping Duty has been preliminary determined under section 37 of the Anti Dumping Duties Act, 2015, ("Act, 2015") on prices of Polyester Staple Fiber on the ground that the plaintiff had entered-into a binding contract by establishing a Letter of Credit dated 18-09-2015, hence such Anti-Dumping Duty cannot be levied on the goods being imported under the said Letter of Credit. Along with the plaint listed application bearing CMA No.15962/15 has been filed, whereby, release of consignment has been sought pending final decision of instant Suit. By way of an interim order dated 7-11-2015, such release was allowed on furnishing Post dated cheques to the Nazir of this Court for the disputed amount of duty. Counsel for the plaintiff submits that when the plaintiff had established the Letter of Credit there was no Anti-Dumping duty imposed on the product in questio...