Anti-dumping duty on Acetone - Resurrected
VIDE Notification No 11.03.2008, Government had imposed Anti-dumping duty on Acetone originating in, or exported from EU, Chinese Taipei, Singapore, South Africa and USA (that covers almost major part of the world) and imported into India. This Notification was valid upto 18.06.2012. Government had promptly initiated review on 15.06.2012, just three days before the expiry of the Notification and had requested for extension of anti-dumping duty upto one more year, in terms of sub-section (5) of Section 9A of the said Customs Tariff Act. Now, in the dead Notification No dated 11.03.2008, the following is inserted to bring life back:
"3. Notwithstanding anything contained herein above, this notification shall remain in force up to and inclusive of the 18th day of June, 2013, unless revoked earlier".
The Notification is extended by one more year and is valid up to and inclusive of 18th day of June 2013. That implies the extension is effective from 19th June 2012. The Notification extending the levy is dated 19th July 2012.
Board has already clarified vide Circular , Dated: July 8, 2011 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".
That means, no Anti-dumping duty can be collected from 19th June 2012 to 18th July 2012, a cool one month! And can you really extend a dead notification?
When will the Board learn to follow its own directions?
Notification No. , Dated: July 19, 2012