CCJ rules in favour of TCL, Arawak in ce­ment war

UK Barbados Nation - - NEWS - By BARRY AL­LEYNE bar­ryal­[email protected]­tion­news.com MARK MALONEY

THE CARIBBEAN COURT OF JUS­TICE (CCJ) has ruled in favour of Trinidad Ce­ment Ltd (TCL) and Arawak Ce­ment Ltd in their bat­tle with lo­cal im­porter Rock Hard Ce­ment to have tar­iffs on im­ported ce­ment re­main at 60 per cent, and not five per cent as ar­gued by the com­pany.

So for now, a rate of 60 per cent will re­main on hy­draulic ce­ment im­ported into Bar­ba­dos.

The case is not over yet, how­ever, with a de­ter­mi­na­tion on ex­actly what clas­si­fi­ca­tion of hy­draulic ce­ment the Bar­ba­dian com­pany is im­port­ing for its lo­cal op­er­a­tions, still pend­ing.

Hy­draulic ce­ment is used to stop wa­ter and leaks in con­crete and ma­sonry struc­tures. It is a type of ce­ment, sim­i­lar to mor­tar, that sets ex­tremely fast and hard­ens af­ter it has been mixed with wa­ter.

In a de­ci­sion handed down, the CCJ re­jected in­ter­venor Rock Hard’s ap­pli­ca­tion to set aside a de­ci­sion handed down in July last year, when the re­gional court or­dered Gov­ern­ment to re­store and en­force the 60 per cent rate which the CARICOM Coun­cil for Trade and Eco­nomic De­vel­op­ment (COTED) ap­proved in 2001 at the re­quest of Bar­ba­dos, as a rate higher than the cur­rent com­mon ex­ter­nal tar­iff on “other hy­draulic ce­ments” im­ported from out­side CARICOM.

“The claimants’ [TCL and Arawak] re­sis­tance to the ap­pli­ca­tion is well founded. There is no change of cir­cum­stances or good and suf­fi­cient rea­son to vary or can­cel this court’s or­der for in­terim mea­sures,” the re­gional court de­cided. “The ap­pli­ca­tion [by Rock Hard] is re­fused.

The costs of this ap­pli­ca­tion shall be de­ter­mined on the res­o­lu­tion of the sub­stan­tive dis­pute as to clas­si­fi­ca­tion.”

TCL and its lo­cal sub­sidiary Arawak Ce­ment Ltd ob­tained the July or­der for in­terim mea­sures in re­ac­tion to Rock Hard’s im­por­ta­tion of ce­ment from Tur­key, and the clas­si­fi­ca­tion of it as

“other hy­draulic ce­ment” and levy­ing a tar­iff of five per cent. Their un­der­ly­ing claim was that Bar­ba­dos was obliged to levy a tar­iff of 60 per cent on the ce­ment im­ported by Rock Hard, and the is­land had mis­clas­si­fied ex­tra-re­gional ce­ment im­ported by Rock Hard as “other hy­draulic ce­ment”.

When con­tacted yes­ter­day, ex­ec­u­tive chair­man of Rock Hard, Mark Maloney, said it was way too early to make com­ments. “I pre­fer not to say any­thing at this stage. A lot more is still go­ing on, and with courts you never know what the out­come can be,” he added guard­edly.

(FP)

AN ARTIST’S SKETCH of the con­tro­ver­sial Hy­att Ho­tel on which work is ex­pected to be­gin this month.

(FP)

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