Dead notification cannot be revived

Once a notification on anti-dumping duty expires, it cannot be automatically extended by another notification, the Supreme Court has ruled while dismissing the appeals of the central government and an Indian manufacturers’ association. In this case, anti-dumping duty was imposed on a type of rubber imported from Korea and Germany since 1996. The government was continuing with the duty after each five-year period after investigation. The last notification expired on January 1, 2014. However, the government extended the earlier notification by one year on January 23, 2014. The importers challenged the action in the Delhi High Court which held the reissue of notification after the expiry of the earlier one was bad in law. The government and the Indian manufacturers appealed to the Supreme Court. It upheld the high court judgment in the case, Union of India vs Kumho Petrochemcials Ltd. The judgment emphasised that continuation of the duty cannot be automatic and since the notification was in the nature of temporary legislation, it could not be amended after its lapse. The court also noted that the country is obliged to follow the World Trade Organization treaty and the agreement on antidumping duty which has been incorporated in Section 9A of the Customs Tariff Act.