Anti-dumping case on Hyundai cast aluminium alloy wheels

The Madras high court has declined to terminate the investigation against car major Hyundai Motors India Ltd in connection with imposition of anti-dumping duty on import of cast aluminium alloy wheels from China, Korea and Thailand.

Justice V. Ramasubramanian dismissed four petitions from Hyundai Motors, challenging the orders of the Union government and designated authority, directorate general of anti-dumping and allied duties, which included imposition of provisional anti-dumping duty.

Visakhapatnam-based Synergies Castings limited, involved in the manufacture of cast aluminium alloy wheels, lodged a complaint with the designated authority that some importers like Hyundai were importing into India cast aluminium alloy wheels at less than its normal value and that they incur a liability to pay anti-dumping duty.

The designated authority initiated an investigation on December 10, 2012 and gave an extension of three months. Acting on the designated authority’s recomemndations, the Centre issued a notification on April 11, 2014 imposing provisional duty.

Holding that the extension granted to the authority after the expiry of the original period was perfectly valid, as the grant of request for adjournment need not necessarily form part of the principles of natural justice, Justice Ramasubramanian said, “If an adjournment could prove fatal to a case, a quasi-judicial authority can always deny the request for adjournment.

If the adjournment of a case by one day would make the case infructuous and make one party the winner by default, the adjudicating authority should reject such request. Such rejection would not be a violation of principles of natural justice.”