Anti Dumping Duty on Sulphur Black - re-imposed - No resurrection
PROVISIONAL Anti Dumping Duty was imposed on Sulphur Black, falling under heading 3204 of the First Schedule to the Customs Tariff Act, originating in, or exported from, the People's Republic of China by Notification No. 48/2008-Cus., dated 11-4-2008. This Notification was to be effective up to and inclusive of the 10th October, 2008.
They forgot to extend this notification by 10th October 2008 and by Notification No. 128/2008-Cus imposed the final anti dumping duty with effect from the date of Provisional imposition that is 11.04.2008. This extension was to expire on 10.04.2013. Just in Time - on 10.04.2013, they extended it by another year till 10.04.2014 by Notification No. 5/2013-Cus (ADD), dated 10.04.2013.
On 10.04.2014, they were sleeping and the Notification had a cool death. However by a Notification dated 03.07.2014, the designated Authority came to a conclusion that:
- the dumped imports continue to cause injury to the domestic industry;
- dumping of the subject goods is likely to intensify from the subject country if no anti-dumping duty is imposed.
So, the Government has now again imposed anti dumping duty on the product with effect from 18th September 2014 for a period of five years.
For the period from 11.04.2014 to 17.09.2014, there was no notification to levy anti dumping duty on this product, even though the dumping was there and it was causing injury to the domestic industry.
Who will compensate the domestic industry for its injury and the Government of India for the loss of Revenue?
Notification No. , Dated: September 18, 2014