Anti Dumping Duty on Hexa Methylene Tetramine – yet another resurrection
When it comes to keeping tracking of sunset clauses in Anti Dumping Duty, the CBEC has been consistent – in its failure. And here's the latest.
In DDT-827-18.03.2008 when the last extension was done, we reported, “That was JIT - Just In Time! Anti Dumping Duty imposed on Hexamine originating in, or exported from, Iran was provisionally imposed by No. 42/2003-Customs, dated the 17th March, 2003 which was confirmed by Notification No. 58/2005-Customs dated the 30th June, 2005. This would have expired on 16.03.2008. An alert Board acted well in time and extended this by another year till 16.03.2009. And this was done two whole days before the notification died. Well Done Board.”
The Anti Dumping Duty was extended till 16.3.2009 and so the duty was dead on 17.3.2009 and this time around they could not wake up on time.
By this notification dated 26th February, 2009, the Designated Authority recommended continued imposition of definitive anti-dumping duty. The Revenue Department had 20 days to issue the notification, but it allowed the notification to lapse.
And now they have issued a fresh notification re-imposing the antidumping duty with effect from 27.3.2009.
Was there no dumping between 17.3.2009 and 26.3.2009? How can a Revenue Department be so callous?
May be the power to issue Customs Notifications for imposing and continuing Anti Dumping Duty should be vested with the Designated Authority instead of the Revenue Department!
Notification NO. ., Dated: March 27, 2009