ZTE CORPORATION Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) THE petitioner seeks appropriate directions under Article 226 of the Constitution of India, to the respondents, including Customs authorities, to permit it to re -export Synchronous Digital Hierarchy (SDH) Transmission Equipment, which had been brought into the country.

(2.) THE facts necessary to decide the case are that M/s. Etisalat DB Telecom Pvt. Ltd. the third respondent (hereafter "Etisalat") had placed a Purchase Order No. (hereafter "PO") dated 16.09.2009 for supply of Microwave Hops & Mux Hardware (hereafter "the goods") with the petitioner, a manufacturer of those items. The petitioner on 10.12.2009 sent a pre -shipment alert to Etisalat regarding consignments proposed to be moved (by the petitioner) on 12.12.2009 and 15.12.2009. On 08.12.2009, the second respondent, the Central Government issued a Notification (No. 132/2009 -Customs) by which import of all kinds of Synchronous Digital Hierarchy (SDH) Transmission Equipment originating from or exported from China and Israel were liable to attract anti -dumping duties. The said Notification was made public on 11.12.2009. Etisalat, on becoming aware of that notification, cancelled the SDH line items, i.e. the goods from the PO issued to the petitioner, the overseas supplier. Etisalat thereafter sought permission of the first respondent, the Commissioner of Customs to re -export the goods. This request was rejected by the said first respondent, by order of 08.06.2010.

(3.) THE petitioner alleges that by its letters dated 30.04.2012 and 14.05.2013 to the first respondent, it sought permission to take back the goods to China. Since the PO by virtue of which the SDH Equipment had been ordered had been cancelled by the third respondent, the goods, it is stated are in the bonded warehouse. Contending that ownership in the goods continues to vest in it, the petitioner asserts a claim to the said goods, i.e. the SDH Equipment and consequently, the right to ensure their shipment back to China. It is urged that despite several reminders and letters, the respondents are not taking any action.