Central Government has been creating ambiguity on levy of Anti-Dumping Duty (‘ADD’) wherein Ministry of Commerce recommends ADD imposition but Ministry of Finance does not accept such recommendation. Latest example is recent Notification wherein Ministry of Finance imposed ADD on Flexible Slabstock Polyol imported from Saudi Arabia and UAE, 7 months after recommendation by DGTR whereas law requires the Government to issue Notification within 3 months from date of DGTR’s findings.

Imposing ADD beyond stipulated period adversely affects commercial interests of interested parties like exporters, importers and users who pre-plan their pricing and supply terms. Aggrieved parties must consider challenging this Notification before the Constitutional Courts else such Notifications will set a bad precedent.