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News Caribbean Court of Justice

Displaying items by tag: Caribbean Court of Justice

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Court rules in favour of Barbados cement import tariff

15 June 2020

Barbados: The Caribbean Court of Justice (CCJ) has ruled in favour of the Council for Trade and Economic Development (COTED) in its dispute with Trinidad and Tobago-based Rock Hard Cement. Stabroek News has reported that Rock Hard’s products had previously attracted a 5% import duty due to their classification as ‘other hydraulic cements.’ However, in mid-2019 COTED approved a decision by the Caribbean Community (CARICOM) to permit Barbados to enforce a tariff of 35% on this class of goods, compared to 15% on ’grey cement’ until mid-2021 in order to protect domestic producer Arawak Cement. The court found this reason to be, “within the rule of law.”

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Caribbean Court of Justice rules in favour of Rock Hard Cement in import row

07 August 2019

Trinidad & Tobago: The Caribbean Court of Justice (CCJ) has ruled that cement sold by Rock Hard Cement can be classified as ‘Other hydraulic cement.’ As such it is subject to a tariff of up to 5% under Common External Tariff (CET). Rock Hard Cement’s competitor Trinidad Cement and its subsidiaries had been arguing that the company’s products be classified as ‘Building cement (grey)’ and be charged a Caribbean Community (CARICOM) tax of 15% when imported into the region, according to the Barbados Today newspaper. The decision by the court is the latest in a series of legal cases between Rock Hard Cement and Trinidad Cement

However, the CCJ also said that recent developments in the cement industry made it appropriate for a study to be performed by the CARICOM Council for Trade and Economic Development (COTED) to assess whether the tariff rate for imported ‘Other hydraulic cement’ ought to be increased to give additional protection to regional cement manufacturers so that these manufacturers might obtain an appropriate level of protection. It also recommended greater collaboration between regional cement producers in undertaking global trade commitments.

Published in Global Cement News
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Caribbean Court of Justice continues to hear arguments on Rock Hard Cement import row

13 June 2019

Trinidad & Tobago: The Caribbean Court of Justice (CCJ) is continuing to hear arguments about whether Rock Hard Cement should be exempt from higher taxes applicable to third party goods. Both the Caribbean Community (CARICOM) Council for Trade and Economic Development (COTED) and the World Customs Organisation (WCO) previously ruled that Rock Hard Cement imports from Turkey and Portugal were correctly classified as ‘other hydraulic cement,’ according to Barbados Today. However, lawyers on behalf of Trinidad and Tobago and Trinidad Cement have dismissed this classification of the imports, insisting that the classification of the World Customs Organization (WCO) and COTED were ‘unsafe, unreliable and incorrect.’ As such the imports should be classified as ‘building cement grey’ and liable to a tariff of 15% instead of 5%. The case continues.

Published in Global Cement News
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Caribbean Court of Justice rules in favour of Rock Hard Cement in import row

23 April 2019

Trinidad & Tobago: The Caribbean Court of Justice (CCJ) has ruled that Rock Hard Cement does not have to pay more than a 5% tariff on imported cement. The regional court was ruling on the duty liable for ‘other hydraulic cement,’ according to the Jamaica Gleaner newspaper. Rock Hard Cement’s competitor Trinidad Cement and its subsidiaries had argued that such imports be liable to a 60% import rate that the importer had previously paid due to Barbados’ exemption from the region’s Common External Tariff (CET) in 2001 and its subsequent re-entry in 2015.

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Trinidad Cement chasing higher import tariffs for Rock Hard Cement

09 April 2019

Trinidad & Tobago: Trinidad Cement has asked the Caribbean Court of Justice (CCJ) to make its competitor Rock Hard Cement pay more than a 5% tariff on imports. It follows a ruling by the council of trade ministers in the Caribbean Community (CARICOM) in March 2019 that agreed to a classification of Rock Hard Cement’s products in Trinidad leading to duties of up to 5%, according to the Nation newspaper. The case has been referred to the CCJ for final arbitration in June 2019.

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Caribbean Community rules in favour of Rock Hard Cement in tariff row

14 March 2019

Trinidad & Tobago: The council of trade ministers in the Caribbean Community (CARICOM) has agreed to the classification of Rock Hard Cement’s products in Trinidad. Rock Hard Cement has faced legal action from its competitor Arawak Cement about the designation of its products and the tariffs they incur, according to the Barbados Today newspaper. The matter will be referred to the Caribbean Court of Justice (CCJ) in June 2019 for final arbitration.

Trinidad Cement, the owner of Arawak Cement, took legal action against Rock Hard Cement in the CCJ alleging that the cement importer was misclassifying its products as ‘other hydraulic cement’ instead of ‘Portland cement-building cement grey’ leading to a lower import duty. However, the World Customs Organisation and CARICOM’s Council for Trade and Economic Development (COTED) have both ruled in favour of Rock Hard Cement. As such it only incurs a tariff of up to 5%. Rock Hard Cement said that it expects the CCJ to uphold COTED’s ruling in June 2019.

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