TIOL-DDT 2351 · Monday, 12 May 2014 · story 2 of 5

Anti Dumping Duty -Vitamin E - Resurrection goes unabated - Dead thrice?

IF there can be resurrection once, what stops you from doing it twice or thrice?

In - 08.04.2008, we reported,

Anti Dumping Duty on Vitamin E, originating in or exported from the People's Republic of China, was imposed vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 145/2003- CUSTOMS dated the 6th October, 2003. The Designated Authority has requested for extension of anti-dumping duty for a period of one year from the date of its expiry. The Anti Dumping duty expired on 16.3.2008.

Now the Government has extended the notification till 16.3.2009. But this should have been done before 16.3.2008. But Government has no machinery to keep track of expiring notifications and they believe in resurrection of dead notifications.

But what happens for the period between 16.3.2008 and 4.4.2008, when the Notification was extended? Litigation?

The notification which expired on 16.3.2008 was extended till 16.3.2009 on 4.4.2008 and this expired on 16.3.2009. Again they forgot to extend it and then they re imposed the duty with effect from 27.3.2009 by Notification No.33/2009-Cus dated 27.03.2009. And there was no dumping from 17.3.2009 to 26.3.2009! Now this notification expired on 26.03.2014. Again they were sleeping.

Now they woke up after a month and a half and extended the life of this notification till 26.03.2015.

When the Board has no respect for its own instructions, how can it expect the field to obey its instructions?

Notification NO. , Dated: May 09 2014

cited in this story