KCC 1729/2020

This case involved whether anti-dumping fees on imports could be imposed with retroctive effect.

Background

A company filed a case against the manager of the General Customs Administration before the court. The company requested the court to dismiss the customs payment order. The company said that the defendant had requested them to pay 15332.47 Dinars as fees to combat commercial dumping from the import of GCC countries of batteries from South Korea according to the legal order No. 102 and 114/2017. The company said that the shipment had arrived in Kuwait before the issue of the order. The company said that the customs administration did not have the right to impose these fees on them. The company said that the General Customs Administration had implemented customs instructions retroactively, which contradicted the legal principles that stipulated the non-retroactivity of laws and administrative decisions. The company had filed a complaint against this decision, but its complaint was rejected.

The administrative court said that the consideration of the case did not fall within its jurisdiction and referred it to the civil court. The civil court dismissed the case.