Companies facing anti-dumping duties in India may soon get much-needed clarity on where to challenge such measures, as the Delhi High Court considers a case that could reshape trade dispute procedures.
The matter centres on the Finance Act, 2023, which limited the powers of the Customs, Excise and Service Tax Appellate Tribunal (Cestat) in hearing challenges to anti-dumping duties imposed by the Union government.
Before the amendment, companies could challenge both the government’s final duty orders and the Designated Authority (DA) technical findings under the ministry of commerce and industry at Cestat .
The 2023 amendment retrospectively narrowed this scope, allowing appeals only against the DA’s findings.
On 22 September, a division bench led by Justice Pratibha Singh stayed Cest