Anti Dumping duty on steel and fibre glass tapes - resurrection again
IN DDT 850 - 23.04.2008, we commented,
Anti dumping duty on steel and fibre glass tapes - resurrection again
Anti dumping duty on steel and fibre glass tapes and their parts, originating in, or exported from People's Republic of China , was imposed by Notification No. 147/2003 with effect from 04.04.2003 and has expired on 4.4.2008. The Designated Authority has initiated a review and recommended the extension of anti-dumping duty for a period of six months from the date of its expiry. But they did not suggest that the extension can be after the expiry.
Now the Government has extended the notification till 3.10.2008, but this notification extending the validity is dated 21.4.2008 that is a good 17 days after the poor notification died.
Board should immediately review all its existing notifications and prepare a chart showing the dates of expiry of the notifications with an alarm going somewhere 15 days before the death day. This work should be outsourced.
Of course as long as the Government's irresponsible right to resurrect dead notifications is not questioned, there is hardly any need for monitoring - they can merrily continue!
Notification No. ,Dated: April 21, 2008
In DDT 950 - 12.09.2008, we reported,
Anti Dumping Duty on steel and fibre glass tapes - further extended
Anti Dumping Duty was imposed on steel and fibre glass tapes and their parts and components originating in, or exported from, the People's Republic of China and imported into India, vide Notification No. 147/2003-Customs, dated the 7th October, 2003.
Earlier the Central Government had imposed provisional anti-dumping duty on these products vide Notification No. 65/2003-Customs, dated the 4th April, 2003. The final duty imposed by Notification 147/2003 was to be effective from the date of provisional imposition that is 4th April 2003. And that would have expired on 3rd April 2008.
By Notification No. 50/2008- Cus., dated 21-4-2008, this was extended to 3 rd October, 2008.
Now the Government has extended it to 3rd April, 2009. This time around the government has extended it much before the expiry date - normally it is done after the notification has expired. And a colleague of mine believes that the government need not really extend it and the Tribunal feels that even if it is extended after expiry, during the period prior to resurrection, it would still be valid.
Strange are the ways of LAW.
The sane step would be to extend it before it dies and now the good government has done it. Kudos to them.
Notification No. , Dated: September 10, 2008.
In DDT 1112 - 18.05.2009, we reported,
Anti Dumping Duty on steel and fibre glass tapes - yet another resurrection
THE Anti Dumping Duty on steel and fibre glass tapes and their parts and components originating in or exported from, the People's Republic of China was first imposed by Notification No. 65/2003-Customs, dated the 4th April, 2003. This expired on 3rd April 2008. The Government forgot to extend it for 17 days, but woke up and extended the duty till 3rd October 2008, by Notification No. 50/2008-Customs, dated the 21st April, 2008.
For the next extension, the Government woke up on time and extended it till 3rd April 2009 by Notification No. 104/2008- Cus, dated 10-9-2008. This expired on 3.4.2009 and the good Government again forgot to extend it.
The Designated Authority has recommended continued imposition of definitive anti-dumping duty on the subject goods.
So the Government has now imposed a new anti dumping duty on these goods from 15th May 2009.
But what about the dumping during the period 4th April 2009 to 14th May 2009? Was duty payable during this period?
Shouldn't we have a system of reminder bells for sunset notifications?
Notification NO. Dated: May 15, 2009
Even this notification expired on May 15 2014. Now they have extended it till 14th May 2015. How many times will they resurrect a dead notification?
Notification NO. Dated: July 04, 2014