Skip to main content

News story

August 19, 2025

Pakistan Anti-Dumping: IHC Bars Post-Expiry Sunset Reviews

The Islamabad High Court delivered a landmark judgment clarifying that sunset reviews cannot be initiated after anti-dumping duties expire. RIAA Barker Gillette successfully represented multiple petitioners in this precedent-setting case.

The Islamabad High Court delivered a landmark judgment clarifying that sunset reviews cannot be initiated after anti-dumping duties expire. RIAA Barker Gillette successfully represented multiple petitioners in this precedent-setting case.

The Islamabad High Court recently delivered a landmark judgment clarifying the conditions necessary to initiate sunset reviews of anti-dumping duties Pakistan importers face. The Court ruled that the National Tariff Commission (NTC) lacked authority to commence sunset reviews after anti-dumping duties expire.

We successfully represented multiple petitioners challenging the NTC’s attempt to initiate sunset reviews through a notice dated 2 November 2023. The NTC issued this notice months after Pakistan anti-dumping duties imposed on paper imports expired on 31 March 2023.

The central issue concerned Section 58(3) of the Anti-Dumping Duties Act, 2015, which requires sunset reviews to be initiated before duty expiration. The specific question was whether this provision constituted a mandatory or merely directory provision. The NTC contended that its dysfunction caused by lack of appointed members during the expiry period justified the delayed review. However, we argued that expired duties cannot undergo retrospective revival through belated reviews.

In a comprehensive judgment, Justice Babar Sattar examined Pakistani jurisprudence alongside World Trade Organisation dispute resolution precedents. The Court definitively held that the timing requirement was mandatory. Once anti-dumping duties Pakistan implements complete their five-year term and expire, the NTC cannot resurrect them through belated sunset reviews. Furthermore, the judgment also clarifies that extending duties beyond five years should be the exception, not the norm. This principle had faced unnecessary controversy despite the statute’s clear language.

“This judgment provides essential certainty for international trade, protecting importers from retrospective penalties that would disrupt concluded commercial arrangements,” observed Yousaf Khosa, Partner and head of the disputes practice at RIAA Barker Gillette’s Islamabad office.

This victory exemplifies our integrated approach as a full-service firm. Yousaf Khosa appeared as counsel before the High Court. Omair Saleem Malik, Senior Litigation Counsel, and Momin Taufiq Khan, Senior Associate, in our International Trade practice, supported him. The matter built upon our international trade practice’s extensive expertise. Mazhar Bangash, Partner and Head of our International Trade practice, led the engagement in the underlying NTC proceedings.

The Court’s analysis emphasised that Pakistan’s anti-dumping legislation implements the country’s WTO obligations. Additionally, the judgment recognized that sunset reviews serve a forward-looking purpose. They assess whether duty expiration would likely lead to renewed dumping and injury. However, this prospective analysis becomes impossible once duties have already lapsed.

The judgment’s clarification of these fundamental principles allows Pakistan’s trade remedy framework to move past procedural controversies and focus on more substantive issues in international trade law.

For advice on complex commercial litigation and dispute resolution, contact Yousaf Khosa today. For anti-dumping matters, trade remedies, and international trade disputes, contact Mazhar Bangash.

This article is not legal advice; it provides information of general interest about current legal issues.

…

RIAA Barker Gillette is Pakistan’s premier law firm, with an on-the-ground presence in three major cities in Pakistan: Karachi, Islamabad and Lahore and affiliated offices in Dubai (DIFC) and London. 

The firm practices in all areas of corporate, commercial and dispute resolution law. Leading international legal directories consistently recognise the firm as a top-tier law firm in Pakistan.

RIAA Barker Gillette is the exclusive member firm in Pakistan for Lex Mundi, the world's leading network of independent law firms with in-depth experience in over 125 countries worldwide.

RIAA Barker Gillette is the exclusive member firm in Pakistan for Lex Mundi, the world’s leading network of independent law firms with in-depth experience in over 125 countries worldwide.

News/Insight

  • Pakistan’s First Wheeling Auction: ISMO Issues 400MW RFP

    On 20 September 2026, the Independent System and Market Operator of Pakistan (ISMO) published the Request for Proposals (RFP) for the country's first wheeling auction. The auction offers 400 megawatts (MW) under the Competitive Trading Bilateral Contract Market (CTBCM). Federal Minister for Energy Sardar Awais Ahmad Khan Leghari announced Read more

  • Venture Capital Bill, 2026: RIAA submits comments to SECP

    The Securities and Exchange Commission of Pakistan has published the draft Venture Capital Bill, 2026 for public consultation, proposing a dedicated statutory framework for venture capital funds and the companies that manage them.

    ...


    Read more
  • DHA City: advising on first developer NEPRA distribution licence

    The National Electric Power Regulatory Authority (NEPRA) has granted DHA Energy Supply Company (DESCO) two licences for DHA City Karachi. The first is a NEPRA distribution licence, and the second makes DESCO the development's supplier of last resort. RIAA Barker Gillette advised DESCO throughout the application. No licensee outside the l...


    Read more
  • Pakistan safeguard investigation: NTC initiates first CPFTA case

    The National Tariff Commission (NTC) has initiated Pakistan's first safeguard investigation, acting on an application that RIAA Barker Gillette prepared for the domestic industry. The case concerns a surge in imports of vulcanised rubber thread and cord from China. It proceeds under Article 27 of the&nbs...


    Read more
  • Islamic financing behind Pakistan’s landmark PIA privatisation

    In June 2026, management control of Pakistan International Airlines Corporation Limited (PIACL) passed to PIA Equity Limited, completing Pakistan's first major privatisation in nearly two decades. A consortium led by Arif Habib Corporation and including Lake City Holdings had won the December 2025 auction, with a PKR 135 billion bid se...


    Read more

What clients say...

  • Chambers Asia-Pacific 2025

    "RIAA Barker Gillette has always had the most apt ability to handle, manage and steer complex and difficult matters in the right legal direction."

  • Legal 500 2025

    "We have worked with RIAA on a number of complex multi-jurisdictional matters. Throughout, they provided not only exceptional local advice but proved excellent at collaborating with firms across the world. They were instrumental in developing and implementing a comprehensive strategy."

  • Chambers Asia-Pacific 2025

    "Our operation is complex and has many nuances, and they have helped us navigate all of them promptly and professionally."

  • Legal 500 2024

    "Very professional firm, able to provide clear, concise and constructive advice. Proven very astute in formulating overall strategies of engagement."

  • Chambers Asia-Pacific 2024

    "RIAA is highly professional, meeting tight deadlines with the utmost proficiency. They have always come up with out-of-the-box solutions."

Read more
Send this to a friend