Dear all PTA users and polyester Fibres and Filament /Film/Pet manufacturers .
Gujarat High court has given his Judgment on 2/5/2024 on Two PTA Anti Dumping cases as follows in favour of PTA manufacturers by revoking the notification of the Centre in which ADD on PTA was removed on 2nd Feb 2020 issued by Centre .
GIST OF HIGH COURT ORDER:
- Quashed the Notification No.3/2020- Customs (ADD) dated February 2, 2020 (notification revoking imposition of ADD) issued by the Central Government.[Thailand and Korea]
- Directed DGTR to immediately proceed to initiate Sunset review process in relation to the continuance or otherwise of the ADD levied as per Notification No.28/2019 – Customs(ADD) dated 24th July, 2019.
- Since the Notification No.28/2016- Customs(ADD) dated 5th July, 2016, already expired during the pendency of the writ petition, no order has been made for its continuation. [China PR, Iran, Indonesia, Malaysia & Taiwan] This is a big win on account of the strategy devised in regard to the timelines of the duties.
- Directed to revive the Notification No.28/2019 – Customs(ADD) dated 24th July, 2019. ADD shall become leviable on the product in question in terms of Notification No.28/2019.
- Directed that levy of ADD in terms of Notification No.28/2019 shall continue till 19.07.2024 or by the time DGTR conducts a sunset review and Central Government makes a decision in terms of the recommendations of DGTR.
Suggestion:
1-All PTA users should immediately go to Supreme Court for stay for the rest of Three months other wise you will have to pay ADD as per chart given below on your import from Korea and Thailand.
2-All PTA users should be ready to fight the Sunset review .
3- Also once new Ministry is formed after elections we should meet the ministries .
Polyester industry will not survive because
1-PTA is already short in INDIA
2- You can not import from China due to QCOS.