KARACHI: The Sindh High Court (SHC) restrained customs officials from taking any coercive action against the petitioner pursuant to the order passed by National Tariff Commission on a petition filed by M/s Raja Steel, M/s Ayoub Steel Traders and other importers seeking restraining order for no coercive action for disputed recovery of ant-dumping duty.
On May 30, 2019, a two-member bench, headed by Justice Aqeel Ahmed Abbasi also issued pre-admission notice to customs officials as well as deputy attorney general for next date of hearing.
During the hearing, counsel for the M/s Raja Steel, M/s Ayoub Steel Traders, M/s Ali Steel, M/s Bismillah Industry, M/s Z & D Metal Corporation, Supreme Steel Forming, M/s O.S Corporation, M/s Riaz-Ud-Din Engineering argued that petitioners are importers of the products from several foreign manufacturers, for the purpose of construction, packing/ drums, fixtures, hoardings, transportation appliances, HAVC (heading ventilation and air conditioning), furniture, containers packaging etc.
He submitted that disputed issue regarding anti-dumping duty is pending before anti-dumping appellate tribunal, however, it has come to their knowledge that the tribunal has become non-functional and now remains vacant with several appeals pending before it, petitioners are, hence, left deprived of the statutory remedy and right of appeal, hence, having been denied a forum of redress against this completely arbitrary imposition of duty, the petitioners have hereby preferred the instant petition.
Citing secretary of Commerce, secretary Ministry of Law & Justice, Sectary Ministry of Finance, Chairman National Tariff Commission, chairman Federal Board of Revenue and Chief Collectorate South as respondents, court may pleaded declare that the coercive measures by the respondents for forced recovery of impugned anti-dumping duty during the pendency of its statutory appeal before the appellate tribunal is illegal, arbitrary, unlawful.
He further pleaded the court may restrain them from taking any coercive action against the petitioners.
