Anti Dumping Duty on POY - Resurrection Continues
ANTI Dumping Duty on ‘Partially Oriented Yarn (POY)' originating in, or exported from, the China PR was imposed by Notification No. 92/2007-Customs dated the 3rd August 2007. The Notification expired on 1st August 2011. Now the Government has extended it till 10th February 2012, eight days after its death.
The board had in Circular No. 28/2011 dated 8 th July 2011, instructed that, “a definitive/final anti-dumping duty can be collected beyond the stipulated period only when a notification extending the levy has been issued, before the expiry of the parent notification. Unless such revalidation or extension is carried out by a fresh notification, the collection of final anti-dumping duty should cease on the completion of five years as mentioned above. Where the findings in a review are notified after the lapse of the parent notification, the notification in such cases would be effective prospectively from the date of issue of such notification”.
This Circular was issued by TRU and this notification extending the anti dumping was also issued by TRU. Obviously, TRU does not follow its own instructions.
Notification No. Dated: August 09, 2011