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Waiting for outcome of CCJ's cement case
by RICKEY SINGH
Posted: Oct 26, 2009 12:03 UTC
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PORT OFSPAIN - Since the Caribbean Court of Justice (CCJ) dismissed on August 10 the case brought against the Caribbean Community by Trinidad Cement Limited (TCL) in connection with the applying of CARICOM's Common External Tariff (CET) on cement imports, there have been a few developments of significance.
The CCJ had ruled that while there was a "procedural flaw" in the authorisation by the Community's Secretary General and its Council for Trade and Economic Development (COTED) to suspend the CET to facilitate cement imports by Jamaica in 2008 from sources other than TCL, it could not find a basis for treating the decision as "illegal".
COTED, meeting in Barbados earlier this month, considered a set of proposals presented by the CARICOM Secretary General (Edwin Carrington), arising from the CCJ's observations for guidance when decisions are to be made by relevant ministerial councils.
However, within six weeks of its ruling in favour of CARICOM in the case brought by TCL, the CCJ was to make an order against the Guyana government.
The court ordered the Guyana government to re-impose, in 28 days, the CET on cement imported from non-CARICOM countries.
TCL, as a regionally-based enterprise, had applied to the CCJ contending that since it has the capacity to satisfy the cement needs of Guyana, it was unjustified for the Guyana government to suspend the CET to permit cement imports from other sources.
The date for implementation of the court's order expired on September 17. For its part, the Guyana government - which had long complained against unreliability on TCL's part to regularly and competitively satisfy the cement requirements, was manoeuvring for an extension of time which it formally sought on September 23.
The CCJ then fixed October 14 for the parties concerned to be engaged by telephone on Guyana's extension of time application. But eight days prior to the scheduled telephone "hearing", TCL filed an application with the CCJ to hold Guyana's attorney general "in contempt of court" for failing to implement the CET as the court had ruled.
Four days later, on October 12, TCL filed a formal response opposing the court granting an extension to Guyana to re-impose the CET
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