Anti Dumping Duty on Caustic Soda - The Resurrection
BY Notification No. 98/2006-Cus dated 13.09.2006, anti dumping duty was imposed on Sodium Hydroxide commonly known as caustic sodaoriginating in, or exported from, Saudi Arabia, Iran, Japan, USA and France. The notification very clearly mentioned, "This notification shall be effective for a period of five years, unless revoked, suspended or amended earlier".
So, the notification was effective till 12.09.2011 and after that not valid.
In January 2012, nearly three months after its demise, the Government woke up and extended the validity of the notification till 1st September 2012 by Notification No. 1/2012-Cus (ADD) dated 06.01.2012.
So, the Notification had a second death on 02.09.2012.
Now the Government did not go for a resurrection, but re-imposed the anti dumping duty for another five years, but from 26.11.2012.
So, between 02.09.2012 and 25.11.2012, there was obviously no dumping and injury to domestic industry!
No. What the Designated Authority found was that there was continuous dumping and it is likely to cause injury to domestic industry and so what it recommended was continuation of anti dumping duty, not re-imposition.
Who is responsible for the loss of anti dumping duty for more than two months and the injury to Indian Industry?
Notification No. , Dated: November 26, 2012