Who is an “interested person” for challenging anti-dumping duty under Customs Tariff Act 1975

Delhi High Court was seized of a matter wherein the principal challenge for setting aside impostion of anti-dumping duty was that Petitioner was an intersted person and was not given an oral hearing by the Designated Authority. The contention on the part of Central Government and domestic industry was that the petitioner did not fall within the defination of “interested party” as defined in Rule 2(c) of the Customs Tariff Rules 1995.

The relevant rule is reproduced hereinbelow:
(c) “interested party” includes –

(i) an exporter or a foreign producer or the importer of an article subject to investigation for being dumped in India, or a trader or business association a majority of the members of which are producers, exporters or importers of such an article;
(ii) the government of the exporting country; and
(iii) a producer of the like article in India or a trade and business association a majority of the members of which
produce the like article in India;

Division Bench of Delhi High Court held that it is clear that the definition of “interested party”, being an inclusive one, cannot be regarded as an exhaustive or as a “hard and fast” definition.

The expression “interested party” as defined would therefore refer to its natural, ordinary and popular meaning as also to the particular entities which are stated to be included, namely, an exporter or a foreign producer or the importer of an article subject to investigation for being dumped in India, or a trader or business association a majority of the members of which are producers, exporters or importers of such an article; the government of the exporting country; and a producer of the like article in India or a trade and business association a majority of the members of which produce the like article in India.

In its natural and ordinary sense “interested party” would have reference to a party who is interested in the investigation and the ultimate outcome of it. He may be in support of the imposition of the anti-dumping duty or he may be opposed to it. His interest, however, must be real and proximate and not just a casual or academic interest. As long as the interest of the party is of the former kind, he would fall within the expression “interested party” and, it does not matter even if it does not fall within the categories of persons/parties specified in the “includes” part of the definition.

Bharat Solvents and Chemical Corporation Vs Union of India
WP(C) 401/2015, Delhi High Court
Decided on 9th March, 2015