EJAZ BROTHERS vs FEDERATION OF PAKISTAN, NATIONAL TARIFF COMMISSION S

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EJAZ BROTHERS VS FEDERATION OF PAKISTAN, NATIONAL TARIFF COMMISSION S. 63---anti-circumvention investigation and anti-dumping investigations---Distinction---anti-dumping investigations and anti-circumvention proceedings are both trade remedies, but they address different issues related to unfair trade practices---anti-dumping investigations focus on whether a foreign exporter is selling goods in a foreign market at prices below their cost of production or below a comparable price in the exporter's home market, potentially harming domestic industries---Whereas anti-circumvention proceedings, on the other hand, investigate whether measures against dumping or subsidies are being circumvented, meaning thereby the product is being imported in a way that evades the original anti-dumping or countervailing duty---In essence, the anti-dumping investigations are about preventing unfair pricing practices, while anti-circumvention proceedings are about ensuring that existing anti-dumping measures are not bypassed through various methods---The word "anti-circumvention" has been defined in Blacks' Law Dictionary, as "any act of fraud whereby a person is reduced to a deed by decreet" whereas anti-circumvention measures have been defined under S. 63 of the anti-Dumping Duties act, 2015 ('the act, 2015') which deals with the mechanism for final review of anti-dumping duties and outlines the procedure for handling the termination of anti-dumping duties; object whereof is to empower the National Tariff Commission (NTC) to investigate and address practices where exporters or importers attempt to evade imposed anti-dumping duties and includes actions such as change in pattern of trade, process or work for which there is insufficient due cause or economic justification e.g. slight modifications of products, misclassification or routing goods through third countries to avoid imposed duties. Citation Name: 2025 PTD 1025 LAHORE-HIGH-COURT-LAHOREBookmark this Case EJAZ BROTHERS VS FEDERATION OF PAKISTAN, NATIONAL TARIFF COMMISSION S. 63---Constitution of Pakistan, Art. 199---Initiation of anti-circumvention investigation, assailing of---Constitutional jurisdiction of the High Court, invoking of---Scope---Petitioners (importers of two side coated bleach board) filed constitutional petition assailing Notices regarding initiation of an anti-circumvention investigation by the National Tariff Commission (NTC / Respondent) on an application from Paper and Board Mills / Respondents being manufacturers of coated bleached paperboard---Allegation levelled by Paper and Board Mills /Respondents ('domestic industry') was that Chinese exporters were circumventing the anti-dumping duties through product modification, which undermined the remedial effects of the anti-dumping duties in terms of quantities and prices of the domestic like product---Validity---Petitioners had raised disputed question of facts and factual controversy which could not be decided in the constitutional jurisdiction as this/High Court could not enter into factual realm or embark upon an exercise to determine the controvertial questions of facts---The resolution of such like issues was left to be decided by the proper forum prescribed by a law i.e. NTC which had only invited all interested parties to submit their reply/comments or evidence---Indulgence in such exercise would have effect of preempting and enforcing upon jurisdiction lawfully vested in the competent Courts---High Court is not to resolve disputed questions of fact in exercise of constitutional jurisdiction under Art. 199 of the Constitution---Since through the impugned notice, a chance had been given to the interested parties to appear and produce evidence / material and no adverse order had been passed, therefore, constitutional petition, being non-maintainable, was dismissed, in circumstances. Citation Name: 2025 PTD 1025 LAHORE-HIGH-COURT-LAHOREBookmark this Case EJAZ BROTHERS VS FEDERATION OF PAKISTAN, NATIONAL TARIFF COMMISSION Ss. 63(4)---anti-Dumping Duties Rules, 2022, Rr. 23 & 25---Constitution of Pakistan, art. 199---anti-circumvention investigation---Show-Cause Notice, challenging of---Constitutional petition---Principles regarding challenging of show-cause notices in writ jurisdiction of the High Court stated. Citation Name: 2025 PTD 1025 LAHORE-HIGH-COURT-LAHOREBookmark this Case EJAZ BROTHERS VS FEDERATION OF PAKISTAN, NATIONAL TARIFF COMMISSION S. 63(4)---anti-circumvention investigation, initiation of---Issuance of notice, assailing of---Petitioners (importers of two side coated bleach board) assailed notices regarding initiation of an anti-circumvention investigation by the National Tariff Commission (NTC/ Respondent) on an application from Paper and Board Mills /Respondents being manufacturers of coated bleached paperboard---allegation levelled by Paper and Board Mills /Respondents ('domestic industry') was that Chinese exporters were circumventing the anti-dumping duties through product modification, which undermined the remedial effects of the anti-dumping duties in terms of quantities and prices of the domestic like product--- Validity---Contents of the impugned notice made it clear that only the interested parties were invited to make comments known to the NTC and to submit any information or documents and so far NTC had not imposed any anti-dumping duty rather initiated the investigation of circumvention against the exporters on dumped imports of one side coated bleached paper board through slight modification of the product by applying coating of less than 20 grm of any substance such as starch, clay or calcium carbonate etc on the other side and declaring it as two side coated bleached paper board---Through the impugned notice, a chance had been given to the interested parties to appear and produce evidence / material and no adverse order had been passed---Constitutional petition, filed by importers, was dismissed, in circumstances. Citation Name: 2025 PTD 1025 LAHORE-HIGH-COURT-LAHOREBookmark this Case EJAZ BROTHERS VS FEDERATION OF PAKISTAN, NATIONAL TARIFF COMMISSION Ss. 63 (4) & 70---anti-Dumping Duties Rules, 2022, R. 30---Constitution of Pakistan, art. 199---Initiation of anti-circumvention investigation, assailing of---Right of appeal, availability of---Constitutional petition---Maintainability---Petitioners (importers of two side coated bleach board) filed constitutional petition assailing Notices regarding initiation of an anti-circumvention investigation by the National Tariff Commission (NTC/ Respondent) on an application from Paper and Board Mills /Respondents being manufacturers of coated bleached paperboard---allegation levelled by Paper and Board Mills / Respondents ('domestic industry') was that Chinese exporters were circumventing the anti-dumping duties through product modification, which undermined the remedial effects of the anti-dumping duties in terms of quantities and prices of the domestic like product---Validity---Present investigation was at a preliminary stage and the NTC had only determined on prima facie basis that circumvention was being done---Once the NTC passed the determination, the aggrieved parties would have the remedy to file an appeal before the Tribunal under S. 70 of the anti-Dumping Duties Rules, 2022 ('the Rules, 2022')---Furthermore, the investigation was under process and the NTC had not reached to any conclusion---If the petitioners think that the Respondents (domestic industry) had mala fide intentions, they may submit their views/comments with evidence before the NTC during the investigation---Since through the impugned notice, a chance had been given to the interested parties to appear and produce evidence / material and no adverse order had been passed, therefore, constitutional petition, being non-maintainable, was dismissed, in circumstances.

EJAZ BROTHERS vs FEDERATION OF PAKISTAN, NATIONAL TARIFF COMMISSION S — 2025 PTD 1025 LAHORE-HIGH-COURT-LAHORE

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