Arawak Cement goes to CCJ

(Barbados Nation) Arawak Cement Company Limited (ACCL) and its parent company Trinidad Cement Limited (TCL) have filed an application for Special Leave at the Caribbean Court of Justice in order to pursue an Originating Application against the State of Barbados.

The application was filed last Friday, May 11, 2018. The Originating Application claims (inter alia) that the State has contravened several articles of the Revised Treaty of Chaguaramas (RTC).

Primary among these, is the Government of Barbados’ unilateral reduction and/or alteration of the Common External Tariff (CET) on HS 2523.90.00 ‘other hydraulic cements’ from the rate approved by the Council of Trade and Economic Development (COTED).

The companies said this is in contravention of Articles 82 and 83 of the RTC. The companies are contesting that the COTED-approved rate for HS 2523.90.00 ‘other hydraulic cements’ was moved downward from 60 per cent to 5 per cent in 2015 causing distorted competition and promoting unfair trade practices within the Caribbean Single Market and Economy (CSME).

In addition, the companies are seeking a declaration that the Government of Barbados has also contravened article 79 of the RTC by misclassifying imported cement under HS 2523.90.00 – ‘other hydraulic cement’, rather than HS 2523.29.10 - ‘building cement (grey)’.