ZAHID HUSSAIN vs NATIONAL TARIFF COMMISSION, GOVERNMENT OF PAKISTAN S — 2025 PTD 1532 ISLAMABAD

Case information

Citation: 2025 PTD 1532 ISLAMABAD
Court: Islamabad High Court
Year: 2025
Reporter: PTD
Parties: ZAHID HUSSAIN vs NATIONAL TARIFF COMMISSION, GOVERNMENT OF PAKISTAN S
Subject matter: Constitutional
Provisions referred to: S. 58---C

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ZAHID HUSSAIN VS NATIONAL TARIFF COMMISSION, GOVERNMENT OF PAKISTAN S. 58---Constitution of Pakistan, Art. 199---Constitutional petition---Sunset review---Preconditions---National Tariff Commission---Jurisdiction---Petitioners were aggrieved of issuance of notice by National Tariff Commission for sunset review in relation to Anti-Dumping Duty beyond five years---Validity---Relevant trigger for the purposes of a sunset review is impending expiry of Anti-Dumping Duty---It is in the context of approaching expiry of Anti-Dumping Duty that a forward-looking analysis and prospective determination is to be made as to whether the expiry may result in continuation or recurrence of dumping and injury---Such prospective or forward-looking analysis cannot take place once Anti-Dumping Duty stands expired upon completion of its five-year term---Purpose of a sunset review was to prevent dumping and injury where that was likely effect of expiry of Anti-Dumping Duty---Once Anti-Dumping Duty stood expired and had remained expired for a few months, a sunset review no longer remained a useful tool and could not be employed thereafter---High Court declared sunset review notice issued in relation to Anti-Dumping Duty that had already stood expired, as issued without lawful authority and was set-aside---Constitutional petition was allowed, in circumstances.

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