Anti Dumping Duty on Sodium Nitrite – Extended – Resurrection Again
BY Notification No. 143/2009-Customs, dated the 22nd December, 2009, anti dumping duty was imposed on Sodium Nitrate originating in, or exported from People's Republic of China .
The Notification in para 2 clearly stated that the notification will remain in force up to and inclusive of the 16th January, 2011.
So the notification lapsed/died on 16 th January 2011 and obviously the Board was fast asleep. They woke up a month later and extended the validity of the notification to 30th June, 2011.
It simply beats logic as to why the Board cannot extend a notification before it expires. Is it the arrogance that they can get away with lapsing and resurrection and with absolute impunity cause any amount of hardship to the importers? Even if the Notification was not valid, the Customs formations would not have allowed clearance without anti dumping duty illegally hoping that one day the Board will wake up and extend the validity of the notification. If they don't, the importer can claim refund, which can be safely denied on the ground of unjust enrichment. Do we have a people's government?
Notification No. ., Dated: February 17, 2011.