Resurrection Again - Anti Dumping Duty on Sulphur Black
Provisional Anti Dumping Duty was imposed on Sulphur Black, falling under heading 3204 of the First Schedule to the Customs Tariff Act, originating in, or exported from, the People's Republic of China by Notification No. , dated 11-4-2008. This Notification was to be effective upto and inclusive of the 10th October, 2008.
If they wanted to continue this levy they should have extended it before 10.10.2008 and in fact the Designated Authority by his Notification No. 14/16/2006-DGAD dated the 24th September, 2008 had recommended the imposition of definitive anti-dumping duty on imports of the subject goods - a good 17 days before the Anti Dumping Notification expired.
But obviously the powers that were sleeping and they forgot to extend the notification, which they have now done.
Incidentally the Law and the Courts have taken into consideration the fact that babus may forget to extend the validity of dying notifications and have provided for such resurrection. If the government can retrospectively validate a dead notification, why fix a time limit for the death - why can't they simply state that it would be valid till withdrawn? Notification No. 48/2008 specifically mentioned that it will be valid till 10th October 2008 and now they have brought it back to life two months after it was supposed to have died.
Notification NO. Dated: December 03, 2008