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K. R. Srivats

The main issue before the Finance Ministry was whether anti-dumping duty was payable during the time gap between the date of expiry of provisional duty and imposition of finally determined duty.

New Delhi , Jan. 29

THE Finance Ministry has decided that the final anti-dumping duty would be recoverable even during the time gap between the expiry of the provisional duty and the imposition of final duty.

By taking this decision, the Finance Ministry has backed the Law Ministry, which had held that the final duty was recoverable even for the period after the expiry of provisional duty.

Anti-dumping duties are usually levied on a provisional basis for six months, whereas the Designated Authority on anti-dumping has up to a year from the date of initiation to complete investigations for final duty. Based on the recommendations of the Authority, a final anti-dumping duty is imposed.

The Commerce Ministry had, however, expressed the opinion that the anti-dumping duty should not be recovered for the period where there was neither provisional nor final anti-dumping duty in operation.

Apart from concluding that anti-dumping should be recovered even during the time gap, the Law Ministry had also taken a view that the finally determined anti-dumping duty was payable from the date of imposition of provisional duty even if levied after six months of the provisional duty.

The main issue before the Finance Ministry was whether anti-dumping duty was payable during the time gap between the date of expiry of provisional anti-dumping duty and imposition of finally determined anti-dumping duty.

Moreover, clarity was also sought by field staff on whether the final anti-dumping duty should be applied retrospectively from the date of imposition of provisional levy.

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