The Caribbean Cement Company has taken the Government to court over its alleged failure to impose duty on cement imported from China.

The company claims that the failure of the Minister of Finance and Planning, Audley Shaw, and the Anti-Dumping and Subsidies Commission to ensure the payment and collection of anti-dumping duties have caused and will continue to cause financial harm to Carib Cement.

A decision was taken by the Anti-Dumping and Subsidies Commission in June 2004, that the ordinary Portland Grey cement originating in, or exported from, China, should attract a duty of 89.9 per cent.

The company, which is repre-sented by Michael Hylton, QC, wrote to the finance minister in late 2008 asking him to make an order to impose the duty.

The company allegedly did not get a response from the minister so, in December 2008, it went to the Supreme Court and got leave to go to the Judicial Review Court to apply for declarations.

Interim order

Justice Bertram Morrison, in granting leave, made an interim order that cement which was imported from China into Jamaica, from July 20, 2004, was liable for the imposition of anti-dumping duties.

The finance minister was ordered to respond to the company, indicating whether he will be imposing the duty or, if not, to outline the reasons for his decision.

Shaw replied on December 17 last year, indicating that he was carrying out intensive investi-gations into the issue.

When the motion came before Supreme Court Judge Horace Marsh last week in the Judicial Review Court, Government lawyer Lackston Robinson submitted that Justice Morrison erred when he made the interim order.

Robinson said the interim order was the very order that the company was seeking from the Judicial Review Court and, therefore, it should be set aside.

Arc Systems Limited, which is run by businessman Norman Horne, is an intervener in the suit because that company is an importer of cement from China.