JAMAICA | Caribbean Court of Justice Rules Against Jamaica in Soap Noodles Import Case

PORT OF SPAIN, Trinidad and Tobago, February 1, 2024 - The Caribbean Court of Justice (CCJ) has made a landmark ruling against Jamaica, highlighting the country's failure to adhere to the trade regulations set forth by the Caribbean Community (CARICOM).

IIn its ruling on January 31 2014, the CCJ determined that Jamaica had violated specific articles of the Revised Treaty of Chaguaramas (RTC) by not enforcing the Common External Tariff (CET) of 40% on soap noodles imported from Malaysia and Indonesia.

The dispute, encapsulated in the case of DCP Successors Limited v The State of Jamaica, brought to light Jamaica's practices surrounding the importation of soap noodles, a critical ingredient in soap manufacturing. DCP Successors Limited, a Dominican company known for producing soap noodles and related products within CARICOM, argued that Jamaica's failure to impose the CET gave an unfair advantage to soap noodles imported from outside the region, thereby harming regional producers.

Jamaica's defense rested on several grounds, initially citing a misclassification of the product which, even after rectification, did not lead to the application of the due tariff. Subsequently, Jamaica sought to justify the exemption through its Productive Inputs Programme, asserting that the imported noodles were integral to the production of 'community goods'.

Despite Jamaica's attempts to source soap noodles locally, disputes over the quality of DCP's products led to continued imports from Malaysia and Indonesia without the application of the CET. The CCJ's judgment emphasized that exemptions to the CET should not be granted when similar or identical products are available within CARICOM in sufficient quantities.

The ruling underscored the importance of adhering to the RTC's provisions, particularly those aimed at protecting regional manufacturers and ensuring that member states prioritize intra-regional sourcing. The CCJ rejected Jamaica's contention that its soap products qualified as community goods under the RTC, pointing out the necessity of compliance with regional trade regulations.

By finding Jamaica in breach of its obligations under the RTC, the CCJ has set a precedent emphasizing the significance of regional solidarity and economic integration. The court has scheduled a case management conference to discuss further remedies and relief for DCP Successors Limited, marking a decisive step towards enforcing the principles of fair trade within CARICOM.

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