The Anti-Dumping Appellate Tribunal (Islamabad) dismissed the National Tariff Commission (“NTC”) Civil Miscellaneous Application via order dated 23.06.2022.
By way of background, NTC filed an application before the Anti-Dumping Appellate Tribunal contending that since a Sunset Review had been initiated by NTC on the application of the domestic industry, the pending Appeals had become infructuous and should therefore be dismissed.
The learned counsel for NTC relied on the judgment passed in W.P. 569 of 2012 by the Islamabad High Court. However, learned counsel on behalf of the Appellants, Barrister Junaid Ahmed, submitted that the Islamabad High Court judgment was distinguishable as the facts differed significantly — in that case, no appeals were pending, unlike the present matter. He further relied upon the judgment of the Supreme Court of India in M/s. Automotive Manufacturers Association v. The Designated Authority & Ors. (2011), where a similar argument raised by the domestic industry was rejected and the appeals were allowed.
Order – Anti-Dumping Appellate Tribunal Islamabad – 23.06.2022