Hydrogen peroxide: SHC removes anti-dumping duty

Sindh High Court has invalidated the temporary anti-dumping duty imposed by the National Tariff Commission (NTC) on hydrogen peroxide, and allowed its refund already deducted on the import of this raw material.
While disposing of the petition, the division bench comprising Justice Gulzar Ahmed and Justice Shahid Anwer Bajwa in its judgement said that the petitioner, Pakistan Chemicals & Dyes Merchants Association (PCDMA), is entitled to claim refund of amount paid towards anti-dumping duty in accordance with law.
Earlier, the counsel for the petitioner, Qazi Abdul Majeed, Advocate, pleaded that the preliminary determination of anti-dumping duty, announced on September 27, 2009 under Section 45 of Anti-Dumping Duty Ordinance 2000, was applicable for four months' term, expiring on January 27, 2011. After the expiry of that period, the preliminary determination was no more in the field and, therefore, anti-dumping duty cannot be claimed from the petitioner by the respondent, NTC.
He further contended that under Section 39 of the same Ordinance, the final determination of anti-dumping duty was to be made within 180 days of the date of publication of preliminary determination and such notice having been published in August 2010, the very exercise of giving final determination to the said preliminary determination cannot be made as more 180 days have also expired. It may be noted that PCDMA had moved a petition in Sindh High Court, seeking help against the collection of anti-dumping duty on the import of hydrogen peroxide.