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Despite acknowledging a flaw in one aspect of the procedures followed by the Caribbean Community (CARICOM),Wholesale China Jerseys, the Caribbean Court of Justice (CCJ) has not invalidated the waiver of the Common External Tariff (CET) on imported cement in the region.This judgment was delivered by Honourable Mr. Justice De La Bastide at the Caribbean Court of Justice in Port of Spain, Trinidad on Monday.And in an initial response to the decision, TCL Group’s Manager of Investor Relations and Corporate Communications,Eric Dier Jersey UK, Alan Nobie, said that the company would immediately be reviewing the judgment in consultation with its attorneys.This, he said, will allow for further insight to the basis for the ruling but noted that he was heartened by the fact that it provided for procedural clarity in relation to the decision making process pertaining to waivers of the CET.He reiterated, though, that from the onset, TCL sought to clarify the procedures and principles that guide the suspensions of CET. “We are of the view that this judgment brings greater clarity to the process going forward.  We expect that this will not only prevent any similar situations for the TCL Group in the future but will also act in the interest of other regional manufacturing entities. It is imperative that unambiguous procedures are in place and observed.”The update on the court proceeding was revealed in a release issued by the TCL Group yesterday which also made available an Executive Summary of the case which was prepared by the CCJ which detailed the proceedings as follows.TCL had challenged two decisions of the Caribbean Community each of which resulted in authorisation being granted to suspend CET on imports of grey cement into certain Member States of the Community. In each case the authorisation granted was for suspension of the CET for a period of one year.TCL claimed that each of the two decisions was ultra vires and should be quashed by the Court.It was noted that the first of the two decisions was made by the Secretary-General on the September 23, last year and authorised suspension by Jamaica from September 10 the same year. The quantity of cement in question was 240,000 metric tonnes.The second decision challenged was made by the Council for Trade and Economic Development (COTED) at its 26th Meeting held in Guyana over two days from November 24, last year.At that meeting COTED authorised suspension of the CET on cement for one year for the Member States of Antigua and Barbuda,T. J. Logan Youth Jersey, Dominica,Josh Malone Bengals Jersey, Grenada, Saint Lucia, St. Kitts and Nevis, St. Vincent and the Grenadines and Suriname. The Court heard TCL’s claim on an expedited basis and in the process received oral testimony from Caricom Secretary General Dr Edwin Carrington, and from Ms Desiree Field-Ridley, Adviser to the Secretary-General of the Community on the Single Market and Sectoral Programmes.Oral submissions were made by the parties and by Jamaica.In light of the central importance of the CET to the Community and in particular to the CSME, quite apart from determining the specific challenges made by TCL, the Court in its judgment took the opportunity to clarify a variety of issues concerning the CET regime.The Court noted that TCL is a producer of cement; that TCL supplies cement throughout the region; that the maintenance of the CET on cement yields a direct benefit to TCL and that decisions to suspend or lower the CET on cement would have a prejudicial impact on that company.As a result of these circumstances, the Court held that it had jurisdiction; that TCL had satisfied fully the relevant provisions of Article 222 of the Revised Treaty of Chaguaramas (RTC) and that the claim was admissible.The Court further held that it had the power to scrutinise the acts of the Member States and the Community to determine whether they were in accordance with the rule of law. The impugned decisions to authorise suspensions in this case were therefore subject to judicial review by the Court and the Court was competent to award appropriate relief including the grant of coercive remedies.In carrying out such review the Court had to strike a balance. The Court had to be careful not to frustrate or hinder the ability of Community organs and bodies to enjoy the necessary flexibility in their management of the Community. It was further noted that decisions of such bodies will invariably be guided by an assessment of economic facts, trends and situations for which no firm standards exist and that only to a limited extent are such assessments susceptible of legal analysis and normative assessment by the Court.But equally,Cheap Jerseys From China, the Community must be accountable and operate within the rule of law, the Summary highlighted,Douglas Santos Jersey, adding that the ability to authorise suspension of the CET is inherently a power to cater to the kind of flexibility that is required in the carrying out of policy.It was further stated that applications for suspension must be dealt with in a principled, procedurally appropriate manner and that the occasion for suspension may only lawfully arise if one of the conditions laid out for it in the RTC is present and suspension should not be sought or granted for improper purposes.The conclusion as recorded by the CCJ highlighted that save for one declaration the Court dismissed all the other claims for relief made by the Claimant, TCL. However,Nazair Jones Jersey, the Court found that TCL acted properly in bringing the action and that it was important not just to TCL but to the entire private sector in the region that the Court should pronounce on many of the issues discussed in the judgment. Although the only relief obtained by TCL was the making of the declaration it was noted that the Community should bear one half of the costs of TCL.But even as it recovers from the court battle the release added that the TCL Group remains well poised to adequately supply the region’s demand for cement, especially with its recent expansion and modernisation thrust at its Jamaican operation, Caribbean Cement Co. Ltd. It was disclosed that a new, state-of-the-art kiln (Kiln 5) was commissioned in August 2008 increasing the company’s capacity.Furthermore, the TCL Group, based on an independent Audit of the Supply Capacity and Demand for Cement in the Region is able to fully supply the regional demand this year.