$~1, 5 to 18, 22 to 27, 93 and 101
* IN THE HIGH COURT OF DELHI AT NEW DELHI
5
+ W.P.(C) 1501/2022, CM APPL. 4285/2022
SHANGHAI JA SOLAR TECHNOLOGY CO. LTD ..... Petitioner
Through: Mr. Kamal Sawhney, Mr. Krishna
Rao, Mr. Dhruv Gupta, Mr. Bhargava
Mansatta, Ms. Anishika Gupta, Mr.
Vinayak Mathur and Mr. Ankit
Sachdeva, Advs.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Asheesh Jain, CGSC with Mr.
Jitendra Kumar Tripathi, Mr. Adarsh
Kumar Gupta, Mr. Keshav Mann and
Mr. Hussain Taqvi, Advs. for R-1 &
2.
1
+ W.P.(C) 5801/2022, CM APPL. 17360/2022 (stay)
TRINA SOLAR CO. LTD. AND ANR ..... Petitioners
Through: Mr.Gaurav Duggal and Mr.Sarad
Kumar Sunny, Advocates.
versus
UNION OF INDIA AND ANR. ..... Respondents
Through: Mr. Vineet Dhanda, CGSC for UOI.
Mr.Sanam Siddiqui, GP with
Ms.Ruchika Joshi, Advs. for UOI.
6
+ W.P.(C) 1609/2022, CM APPLs. 4634/2022 & 4635/2022
JINGAO SOLAR CO. LTD. ..... Petitioner
Through: Mr. Kamal Sawhney, Mr. Krishna
Rao, Mr. Dhruv Gupta, Mr. Bhargava
Mansatta, Ms. Anishika Gupta, Mr.
Vinayak Mathur and Mr. Ankit
Sachdeva, Advs.
versus
W.P.(C) 1501/2022 & connected matters. Page 1 of 18
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
Signing Date:21.04.2022
23:03:05
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Asheesh Jain, CGSC with Mr.
Jitendra Kumar Tripathi, Mr. Adarsh
Kumar Gupta, Mr. Keshav Mann and
Mr. Hussain Taqvi, Advs. for R-1 to
3.
7
+ W.P.(C) 1610/2022, CM APPLs.4638/2022 & 4639/2022
JA SOLAR INTERNATIONAL LIMITED ..... Petitioner
Through: Mr. Kamal Sawhney, Mr. Krishna
Rao, Mr. Dhruv Gupta, Mr. Bhargava
Mansatta, Ms. Anishika Gupta, Mr.
Vinayak Mathur and Mr. Ankit
Sachdeva, Advs.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Asheesh Jain, CGSC with Mr.
Jitendra Kumar Tripathi,Mr. Adarsh
Kumar Gupta, Mr. Keshav Mann and
Mr. Hussain Taqvi, Advs. for R-1 to 3
8
+ W.P.(C) 1679/2022, CM APPL.4825/2022
HEFEI JA SOLAR TECHNOLOGY CO. LTD. ..... Petitioner
Through: Mr. Kamal Sawhney, Mr. Krishna
Rao, Mr. Dhruv Gupta, Mr. Bhargava
Mansatta, Ms. Anishika Gupta, Mr.
Vinayak Mathur and Mr. Ankit
Sachdeva, Advs.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Asheesh Jain, CGSC with Mr.
Jitendra Kumar Tripathi, Mr. Adarsh
Kumar Gupta, Mr. Keshav Mann and
Mr. Hussain Taqvi, Advs. for R-1 to
3.
W.P.(C) 1501/2022 & connected matters. Page 2 of 18
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
Signing Date:21.04.2022
23:03:05
9
+ W.P.(C) 1680/2022, CM APPL.4827/2022
JA SOLAR (XINGTAI) CO. LTD. ..... Petitioner
Through: Mr. Kamal Sawhney, Mr. Krishna
Rao, Mr. Dhruv Gupta, Mr. Bhargava
Mansatta, Ms. Anishika Gupta, Mr.
Vinayak Mathur and Mr. Ankit
Sachdeva, Advs.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Asheesh Jain, CGSC with Mr.
Jitendra Kumar Tripathi, Mr. Adarsh
Kumar Gupta, Mr. Keshav Mann and
Mr. Hussain Taqvi, Advs. for R-1 to
3.
10
+ W.P.(C) 1681/2022, CM APPLs.4829/2022 & 4830/2022
JA SOLAR TECHNOLOGY YANGZHOU CO. LTD. .... Petitioner
Through: Mr. Kamal Sawhney, Mr. Krishna
Rao, Mr. Dhruv Gupta, Mr. Bhargava
Mansatta, Ms. Anishika Gupta, Mr.
Vinayak Mathur and Mr. Ankit
Sachdeva, Advs.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Asheesh Jain, CGSC with Mr.
Jitendra Kumar Tripathi, Mr. Adarsh
Kumar Gupta, Mr. Keshav Mann and
Mr. Hussain Taqvi, Advs. for R-1 to3.
11
+ W.P.(C) 1915/2022, CM APPL.5503/2022
GUANGDONG AIKO SOLAR ENERGY TECHNOLOGY CO LTD
AND OTHERS ..... Petitioners
Through: Mr.Gaurav Duggal and Mr.Sarad
Kumar Sunny, Advocates
versus
W.P.(C) 1501/2022 & connected matters. Page 3 of 18
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
Signing Date:21.04.2022
23:03:05
UNION OF INDIA AND ANR ..... Respondents
Through: Mr. Asheesh Jain, CGSC with Mr.
Jitendra Kumar Tripathi, Mr. Adarsh
Kumar Gupta, Mr. Keshav Mann and
Mr. Hussain Taqvi, Advs. for R-1 & 2
12
+ W.P.(C) 1951/2022, CM APPL.5596/2022
YINGLI ENERGY CHINA COMPANY LIMITED AND OTHERS .
..... Petitioners
Through: Mr.Gaurav Duggal and Mr.Sarad
Kumar Sunny, Advocates.
versus
UNION OF INDIA AND ANR. ..... Respondents
Through: Mr. Asheesh Jain, CGSC with Mr.
Adarsh Kumar Gupta, Mr. Keshav
Mann and Mr. Hussain Taqvi, Advs.
for R-1 & 2.
13
+ W.P.(C) 2437/2022, CM APPLs.7039/2022 & 7040/2022
HENGDIAN GROUP DMEGC MAGNETICS CO LTD..... Petitioner
Through: Mr.Gaurav Duggal and Mr.Sarad
Kumar Sunny, Advocates.
versus
UNION OF INDIA AND ANR. ..... Respondents
Through: Mr. Asheesh Jain, CGSC with Mr.
Jitendra Kumar Tripathi, Mr. Adarsh
Kumar Gupta, Mr. Keshav Mann and
Mr. Hussain Taqvi, Advs. for R-1 & 2
14
+ W.P.(C) 2466/2022, CM APPLs.7095/2022 & 7096/2022
SUZHOU TALESUN SOLAR TECHNOLOGIES CO. LTD. AND
ANR. ..... Petitioners
Through: Mr.Gaurav Duggal and Mr.Sarad
Kumar Sunny, Advocates
versus
W.P.(C) 1501/2022 & connected matters. Page 4 of 18
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
Signing Date:21.04.2022
23:03:05
UNION OF INDIA & ANR. ..... Respondents
Through: Mr. Asheesh Jain, CGSC with Mr.
Jitendra Kumar Tripathi, Mr. Adarsh
Kumar Gupta, Mr. Keshav Mann and
Mr. Hussain Taqvi, Advs. for R-1 &
2.
15
+ W.P.(C) 2482/2022, CM APPLs.7116/2022 & 7117/2022
HUANSHENG PHOTOVOLTAIC (JIANGSU) CO., LTD. AND
OTHERS ..... Petitioners
Through: Mr.Gaurav Duggal and Mr.Sarad
Kumar Sunny, Advocates.
versus
UNION OF INDIA AND ANR. ..... Respondents
Through: Mr. Asheesh Jain, CGSC with Mr.
Jitendra Kumar Tripathi, Mr. Adarsh
Kumar Gupta, Mr. Keshav Mann and
Mr. Hussain Taqvi, Advs. for R-1 &
2.
16
+ W.P.(C) 2502/2022, CM APPL.7170/2022, CM APPL.7171/2022
RISEN ENERGY (CHANGZHOU) CO., LTD. AND ORS.
..... Petitioners
Through: Mr.Gaurav Duggal and Mr.Sarad
Kumar Sunny, Advocates.
versus
UNION OF INDIA AND ANR. ..... Respondents
Through: Mr. Asheesh Jain, CGSC with Mr.
Jitendra Kumar Tripathi,Mr. Adarsh
Kumar Gupta, Mr. Keshav Mann and
Mr. Hussain Taqvi, Advs. for R-1 &
2.
W.P.(C) 1501/2022 & connected matters. Page 5 of 18
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
Signing Date:21.04.2022
23:03:05
17
+ W.P.(C) 2534/2022, CM APPL.7248/2022, CM APPL.7249/2022
TONGWEI SOLAR (CHENGDU) CO., LTD AND OTHERS
..... Petitioners
Through: Mr.Gaurav Duggal and Mr.Sarad
Kumar Sunny, Advocates.
versus
UNION OF INDIA AND ANR ..... Respondents
Through: Mr. Asheesh Jain, CGSC with Mr.
Jitendra Kumar Tripathi, Mr. Adarsh
Kumar Gupta, Mr. Keshav Mann and
Mr. Hussain Taqvi, Advs. for R-1 &
2.
18
+ W.P.(C) 5763/2022, CM APPL. 17259/2022
LONGI SOLAR TECHNOLOGY CO. LTD. ..... Petitioner
Through: Ms. Shiraz Patodia, Mr. Ashish
Singh, Ms. Divya Sharma, Advs .
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Asheesh Jain, CGSC with
Mr. Jitendra Kumar Tripathi, Mr.
Adarsh Kumar Gupta, Mr. Keshav
Mann and Mr. Hussain Taqvi, Advs.
for R-1 & 2.
22
+ W.P.(C) 2621/2022, CM APPL. 7544/2022
WUXI SUNTECH POWER CO LTD ..... Petitioner
Through: Mr.Gaurav Duggal and Mr.Sarad
Kumar Sunny, Advocates.
versus
UNION OF INDIA AND & ANR. ..... Respondents
Through: Mr. Asheesh Jain, CGSC with Mr.
Jitendra Kumar Tripathi,Mr. Adarsh
Kumar Gupta, Mr. Keshav Mann and
Mr. Hussain Taqvi, Advs. for R-1 to
3.
W.P.(C) 1501/2022 & connected matters. Page 6 of 18
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
Signing Date:21.04.2022
23:03:05
23
+ W.P.(C) 3476/2022, CM APPL. 10259/2022, 10260/2022
CANADIAN SOLAR MANUFACTURING CHANGSHU INC
..... Petitioner
Through: Mr. Kamal Sawhney, Mr. Krishna
Rao, Mr. Dhruv Gupta, Mr. Bhargava
Mansatta, Ms. Anishika Gupta, Mr.
Vinayak Mathur and Mr. Ankit
Sachdeva, Advs.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Asheesh Jain, CGSC with Mr.
Jitendra Kumar Tripathi, Mr. Adarsh
Kumar Gupta, Mr. Keshav Mann and
Mr. Hussain Taqvi, Advs. for R-1 to3
24
+ W.P.(C) 3485/2022, CM APPL. 10293/2022, 10294/2022
CANADIAN SOLAR INTERNATIONAL LIMITED
..... Petitioner
Through: Mr. Kamal Sawhney, Mr. Krishna
Rao, Mr. Dhruv Gupta, Mr. Bhargava
Mansatta, Ms. Anishika Gupta, Mr.
Vinayak Mathur and Mr. Ankit
Sachdeva, Advs.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Asheesh Jain, CGSC with Mr.
Jitendra Kumar Tripathi, Mr. Adarsh
Kumar Gupta, Mr. Keshav Mann and
Mr. Hussain Taqvi, Advs. for R-1 to
3.
25
+ W.P.(C) 3488/2022, CM APPL. 10299/2022, CM APPL. 10300/2022
CANADIAN SOLAR MANUFACTURING (THAILAND)
COMPANY LIMITED ..... Petitioner
Through: Mr. Kamal Sawhney, Mr. Krishna
Rao, Mr. Dhruv Gupta, Mr. Bhargava
W.P.(C) 1501/2022 & connected matters. Page 7 of 18
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
Signing Date:21.04.2022
23:03:05
Mansatta, Ms. Anishika Gupta, Mr.
Vinayak Mathur and Mr. Ankit
Sachdeva, Advs.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Asheesh Jain, CGSC with Mr.
Jitendra Kumar Tripathi,Mr. Adarsh
Kumar Gupta, Mr. Keshav Mann and
Mr. Hussain Taqvi, Advs. for R-1 to
3.
26
+ W.P.(C) 3491/2022, CM APPL. 10303/2022, CM APPL. 10306/2022
CSI MODULES DAFENG COMPANY LIMITED ..... Petitioner
Through: Mr. Kamal Sawhney, Mr. Krishna
Rao, Mr. Dhruv Gupta, Mr. Bhargava
Mansatta, Ms. Anishika Gupta, Mr.
Vinayak Mathur and Mr. Ankit
Sachdeva, Advs.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Asheesh Jain, CGSC with Mr.
Jitendra Kumar Tripathi, Mr. Adarsh
Kumar Gupta, Mr. Keshav Mann and
Mr. Hussain Taqvi, Advs. for R-1 to
3.
27
+ W.P.(C) 3494/2022, CM APPL. 10309/2022, CM APPL. 10310/2022
CSI CELLS CO. LIMITED ..... Petitioner
Through: Mr. Kamal Sawhney, Mr. Krishna
Rao, Mr. Dhruv Gupta, Mr. Bhargava
Mansatta, Ms. Anishika Gupta, Mr.
Vinayak Mathur and Mr. Ankit
Sachdeva, Advs.
versus
W.P.(C) 1501/2022 & connected matters. Page 8 of 18
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
Signing Date:21.04.2022
23:03:05
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Asheesh Jain, CGSC with Mr.
Jitendra Kumar Tripathi, Mr. Adarsh
Kumar Gupta, Mr. Keshav Mann and
Mr. Hussain Taqvi, Advs. for R-1 to
3.
93
+ W.P.(C) 2483/2022, CM APPL. 7119/2022, CM APPL. 7118/2022
JIANGSU ZHONGYU PHOTOVOLTAIC TECHNOLOGY CO
LTD & ORS. ..... Petitioners
Through: Mr.Gaurav Duggal and Mr.Sarad
Kumar Sunny, Advocates
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr. Asheesh Jain, CGSC with Mr.
Jitendra Kumar Tripathi,Mr. Adarsh
Kumar Gupta, Mr. Keshav Mann and
Mr. Hussain Taqvi, Advs. for R-1 &
2.
101
+ W.P.(C) 5283/2022 & CM APPL.15760/2022
CANADIAN SOLAR MANUFACTURING VIETNAM COMPANY
LIMITED ..... Petitioner
Through: Mr. Kamal Sawhney, Mr. Krishna
Rao, Mr. Dhruv Gupta, Mr. Bhargava
Mansatta, Ms. Anishika Gupta, Mr.
Vinayak Mathur and Mr. Ankit
Sachdeva, Advs.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Asheesh Jain, CGSC with
Mr.Adarsh Kumar Gupta, Mr Keshav
Mann and Mr. Jitendra Kumar
Tripathi, Adv. for UOI.
W.P.(C) 1501/2022 & connected matters. Page 9 of 18
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
Signing Date:21.04.2022
23:03:05
% Date of Decision: 19th April, 2022
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
MANMOHAN, J (Oral):
1. By way of the present writ petitions, the petitioners seek directions to the respondents to take their responses to the questionnaires on record and consider the data comprising of the facts and figures stated therein as well as the documents and other materials filed along with the said response before arriving at any finding in the anti-dumping investigation initiated vide Notification dated 15th May, 2021.
2. Mr. Kamal Sawhney, Mr. Gaurav Duggal and Mr. Ashish Singh, learned counsel for the petitioners state that anti-dumping investigation in respect of import of solar cells whether or not assembled into modules/panels originating in or exported from China PR/Thailand and Vietnam were initiated vide notification dated 15th May, 2021 and the petitioners were asked to file their replies to the questionnaires on or before 24th June, 2021. The relevant portion of the Initiation Notification is reproduced hereinbelow:-
"L. Submission of Information
20. In view of the special circumstances arising out of COVID-19 pandemic, all communication should be sent to the Designated Authority via email at email addresses [email protected], [email protected], jd13-
[email protected] and [email protected] It should be ensured that the narrative part of the submission is in searchable W.P.(C) 1501/2022 & connected matters. Page 10 of 18 Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:21.04.2022 23:03:05 PDF/MS Word format and data files are in MS Excel format.
M. Time Limit
25. Any information relating to the present investigation should be sent to the Designated Authority via email at the email addresses [email protected], [email protected],jd13- [email protected] and [email protected] within thirty days from the date of receipt of the notice as per Rule 6(4) of the Anti- Dumping Rules. If no information is received within the prescribed time-limit or the information received is incomplete, the Authority may record its findings on the basis of the facts available on record in accordance with the Rules.
26. All the interested parties are hereby advised to intimate their interest (including the nature of interest) in the instant matter and file their questionnaire responses within the above time limit."
3. They state that due to Covid-19 pandemic, the replies were delayed and were filed between 25th June, 2021 and 21st July, 2021.
4. Learned counsel for the petitioners states that the Initiation Notification dated 15th May, 2021 was challenged before this Court by an association of importers in Solar Power Developers Association vs. Union of India & Ors., W.P.(C) 5882/2021 and this Court vide order dated 04th June, 2021 had extended the time limit to file response to the Initiation Notification. They state that the time limit, so extended, was for the benefit of all the interested parties and was not restricted only to the petitioners therein. The relevant portion of the order dated 4th June, 2021 passed in W.P.(C) 5882/2021 is reproduced hereinbelow:-
W.P.(C) 1501/2022 & connected matters. Page 11 of 18Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:21.04.2022 23:03:05 "8. In the meanwhile, the time limit provided in paragraph 25 of the impugned notification for furnishing information shall stand extended to a date beyond the next date of hearing fixed in this Court."
5. Learned counsel for the petitioners submit that the aforesaid order dated 4th June, 2021 is an order in rem. They state that this fact is established beyond doubt as the order itself states that the time limit provided in Para 25 of the Initiation Notification for filing information stands extended.
6. Learned counsel for the petitioners further state that the respondents have the power to condone delay in filing responses to the questionnaires if sufficient cause is shown. In support of their contention, they rely on Rule 6(4) of the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (for short 'Anti Dumping Rules'). The relevant portion of the said Rule is reproduced hereinbelow:
"RULE 6. Principles governing investigations. - (1) The designated authority shall, after it has decided to initiate investigation to determine the existence, degree and effect of any alleged dumping of any article, issue a public notice notifying its decision and such public notice shall, inter alia, contain adequate information on the following :-
(i) the name of the exporting country or countries and the article involved;
(ii) the date of initiation of the investigation;
(iii) the basis on which dumping is alleged in the application;
(iv) a summary of the factors on which the allegation of injury is based;
(v) the address to which representations by interested parties should be directed; and
(vi) the time-limits allowed to interested parties for making their views known.W.P.(C) 1501/2022 & connected matters. Page 12 of 18
Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:21.04.2022 23:03:05 xxxx xxxx xxxx xxxx (4) The designated authority may issue a notice calling for any information, in such form as may be specified by it, from the exporters, foreign producers and other interested parties and such information shall be furnished by such persons in writing within thirty days from the date of receipt of the notice or within such extended period as the designated authority may allow on sufficient cause being shown."
7. They further state that the respondents have granted extension of time to file responses to the questionnaires in all the other twenty nine anti- dumping investigation initiated on imports from China PR during the period 01st January, 2020 to 31st September, 2021 which is evident from the table below:-
Particulars Number of anti-dumping
investigations against China
PR
Number of anti-dumping 30
investigations in which
extension requested by
interested parties
Number of anti-dumping 29
investigations in which
extension granted by
Authority
Number of anti-dumping 1 (Anti-dumping investigation investigations in which on imports of solar cells extension denied by the whether or not assembled into Authority modules from China PR, Thailand and Vietnam) W.P.(C) 1501/2022 & connected matters. Page 13 of 18 Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:21.04.2022 23:03:05
8. They also state that repeated extensions have been granted to file responses to questionnaires in anti-dumping investigations on imports from China PR. The tabular chart referred to by learned counsel for the parties is reproduced hereinbelow:-
Total extensions granted Number of cases One extension 9 Two extensions 12 Three extensions 4 Four extensions 2 Five extensions 1 Six extensions 1 Total 29
9. They further rely upon the order passed by the Apex Court extending the period of limitation in Re: Cognizance for extension of limitation, Suo Motu Writ Petition (C) No. 3 of 2020.
10. Per contra, Mr. Asheesh Jain, learned counsel for the respondents states that the decision of this Court in Solar Power Developers Association (supra) was an order in personam and not an order in rem. He draws this Court's attention to the respondent's letter and clarification rejecting petitioners request for extension of time. The respondent's letters dated 24th June, 2021 and 16th December, 2021 are reproduced hereinbelow:-
W.P.(C) 1501/2022 & connected matters. Page 14 of 18Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:21.04.2022 23:03:05 A. Letter dated 24th June, 2021 "F.No. 6/56/2020-DGTR Government of India Ministry of Commerce and Industry Department of Commerce (Directorate General of Trade Remedies) th 4 Floor, Jeevan Tara Building, Parliament Street, New Delhi-110001 Dated: 24th June, 2021 Subject:- Extension for filing of responses in Anti-Dumping Investigation concerning imports of 'Solar cells whether or not assembled into modules or panels' originating in or exported from China PR, Thailand and Vietnam initiated on 15.05.2021. Reference subject above. The Authority has received requests from several interested parties, who are not petitioners before the Hon'ble High Court, drawing attention of the Authority to the order of the Hon'ble Delhi High Court in Solar Power Developers Association vs. Union of India (W.P.(C) 5882/2021), dated 04.06.2021.
2. The Authority keeping in view the factual matrix of this original investigation has not deemed it appropriate to extend the last date for filing of responses except for the specific relief granted by the Hon'ble Delhi High Court.
Sd/ Garima Kapoor Deputy Director"
B. Letter dated 16th December, 2021 "F. No. 6/56/2020-DGTR Government of India Ministry of Commerce & Industry Department of Commerce Directorate General of Trade Remedies th 4 Floor, Jeevan Tara Building, Parliament Street, New Delhi Dated: 16th December 2021 Subject - Clarification regarding acceptance of questionnaire responses filed beyond the stipulated time for filing of responses in W.P.(C) 1501/2022 & connected matters. Page 15 of 18 Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:21.04.2022 23:03:05 Anti-Dumping Investigation concerning imports of 'Solar Cells Whether or Not Assembled into Modules or Panels' originating in or exported from China PR, Thailand and Vietnam initiated on 15th May 2021.
A number of interested parties have requested the Authority to accept the delayed responses during the oral hearing held on 17th November 2021. This clarification is in response to those submissions.
2. The Authority initiated an anti-dumping investigation concerning 'solar cells whether or not assemble into modules or panels' vide an initiation notification dated 15th May 2021. The Authority had granted time to file questionnaire responses by 24th June 2021. On receipt of request for extension of the said timelines from other interested parties, the Authority did not extend the timeline to file the questionnaire responses. The Authority noted that the Hon'ble High Court of Delhi granted extended time to file responses only to the petitioners before them. A clarification was issued with respect to the same on the DGTR's official website on 24th June 2021. Despite the same several parties did not file the response in time.
3. The Authority has decided to consider only those questionnaire responses which were filed within the stipulated time. However, the legal submissions made by all the interested parties who registered and file the same in time has been considered. The status of questionnaire responses (considered/ not considered) by the Authority are mentioned in the Annexure.
Garima Kapoor (Deputy Director)"
11. He further states that Rule 17 of Anti Dumping Rules provides that the Designated Authority "shall", within one year from the date of initiation of an investigation, determine as to whether or not the article under investigation is being dumped in India. He further states that the first proviso to Rule 17 permits the extension of period of one year only in special circumstances leaving it to the discretion of the Central Government to W.P.(C) 1501/2022 & connected matters. Page 16 of 18 Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:21.04.2022 23:03:05 extend the time limit for a maximum period of six months. He also states that the Rules provide for extension of timeline for acceptance of responses only if "sufficient reason" is provided for the same which was not the case in the present matters. He emphasises that similarly placed parties had filed their responses to the questionnaires within the time period prescribed. He contends that if extension of time is granted in the present batch of matters it would lead to an unending process and the anti-dumping investigation would never conclude.
12. He lastly states that the reliance of the petitioner on the order passed by the Supreme Court in Re: Cognizance for extension of limitation, Suo Motu Writ Petition (C) No. 3 of 2020 is misplaced. He states that the Supreme Court in Sagufa Ahmed & Ors. Vs. Upper Assam Plywood Products Pvt. Ltd. & Ors. (2021) 2 SCC 317 has succinctly outlined that the order extending limitation was intended to benefit the vigilant litigant who were prevented due to the pandemic and the lockdown from initiating proceedings within the period of limitation prescribed by general or special law.
13. Having heard learned counsel for the parties, this Court is of the view that the order dated 4th June, 2021 is an order in personam as the relief had been extended by this Court to enable the petitioners therein (importers) to place information before the Designated Authority and not the petitioners herein (exporters).
14. However, this Court is of the view that since in an anti-dumping investigation, the respondent has to pass a single consolidated order after hearing the exporters as well as the importers and the time limit for filing of objections by the importers had been extended by this Court vide order W.P.(C) 1501/2022 & connected matters. Page 17 of 18 Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:21.04.2022 23:03:05 dated 4th June, 2021 beyond the next date of hearing i.e, 19th July, 2021, no useful purpose would be served by foreclosing the right of the exporters, i.e. the petitioners herein from filing their responses till 21st July, 2021.
15. Consequently, the responses filed by the petitioners between 25th June, 2021 and 31st July, 2021 are directed to be taken on record subject to the payment of costs of Rs.1,00,000/- by each of the petitioners to Armed Forces Battle Casualties Welfare Fund, Account No.90552010165915, Canara Bank, Branch-South Block, Defence Headquarters, New Delhi- 110011 within four weeks.
16. It is clarified that the order has been passed in the peculiar facts and circumstances of the present case.
MANMOHAN, J DINESH KUMAR SHARMA, J APRIL 19, 2022 AS W.P.(C) 1501/2022 & connected matters. Page 18 of 18 Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:21.04.2022 23:03:05