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Friday, August 8 1997

HC dismisses plea on newsprint duty

EXPRESS NEWS SERVICE

NEW DELHI, Aug 7: The Delhi High Court today dismissed the petitions of four national newspapers challenging the recommendation of the designated authority in the Union Ministry of Commerce to impose anti-dumping duty on imported newsprint.

Observing that ``no case is made out at this stage for the interference of the court in the matter'', a division bench comprising Justice R C Lahoti and Justice J K Mehra dismissed the petitions in limni (without issuing notice to the respondents). The petitioners -- owners of The Indian Express, The Hindu, The Hindustan Times and The Times of India -- contented that the Government should not rely on a preliminary report by the designated authority without giving the aggrieved parties an opportunity to present their point of view. The Commerce Ministry had received a recommendation on June 11 for recording preliminary determination of dumping of newsprint by importers in April and October 1996. The investigation had been initiated by the designated authority by way of a gazette notification on December 20, 1996, following a complaint by the Indian Newsprint Association (INA) alleging dumping of newsprint.

Arguing for the petitioners, senior counsel Arun Jaitley and C S Vaidyanathan had contended that such a decision posed a threat to the newspapers Submitting that the Government had neither served a notice nor ordered any public hearing on the basis of the complaint, Jaitley and Vaidyanathan said it had just sent a questionnaire to each of them for clarification. Central Government counsel Rakesh Tiku however said the newspapers had sufficient knowledge as to why the questionnaire was sent and they did not enquire about the complaint against them.''

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