Following the imposition of said duties, the decision was challenged in LHC where the petitioner has declared the final determination notice passed by NTC illegal and without lawful authority as it was based upon preliminary determination which was already challenged before the Supreme Court. It furthermore submitted that the federal government instead of constituting the Anti Dumping Appellate Tribunal in accordance with law has given the charge thereof to the competition appellate tribunal Islamabad which was against the mandate of law.
The learned DAG sought time to obtain instructions with regard to the time frame within which the Anti Dumping Appellate Tribunal shall be established. Later, the LHC in its interim decision has directed the FBR to suspend the operation of final determination of antidumping duties on the dumped wall and floor tiles imported from China till the next date of hearing.
Keeping the said decision in view, the NTC has sent a letter to the FBR, urging the board to stop charging final antidumping duties on the wall and floor tiles imported from China till further order of the court.