Our Ref: xxx
Date:
To
xxx Contracting LLC
P. O. Box xxx
Dubai, U.A.E.
Attention : Mr. xxx, Group Procurement Manager
Project : xxx Phase 2
Subject : Anti-Dumping duties impact to Floor & Wall tiles – POD scope of works.
Dear Sir,
- M/s xxx (Contractor Name) letter Ref: xxx Dated 8th July xxx
- Your letter Ref: xxx Dated 14th July xxx
We are in receipt of your letter Ref. (b) above and clarify as follows.
M/s xxx (Contractor Name) disagrees with your interpretation of the Clause 21.2. It is our firm opinion that the imposed Anti-Dumping charges do not fall under the provisions of this clause.
Directive No (1) for the year xxx imposes up to 106% surcharge on imports from specific suppliers and from two specific countries as measures against injurious practices in international trade that cause injury to the GCC industry. This new and sudden directive is outside the reasonable control of M/s xxx (Contractor Name) and as such prevents us from performing our obligations under our contract.
Nevertheless, and in good faith, M/s xxx (Contractor Name) will proceed with the execution of the purchase orders of all materials subject to this directive in order to meet our production schedule.
We however notify you that we reserve our rights under Clauses 11.1 and 11.2 of our Sub-Contract to claim for such Anti-Dumping charges in the event this directive is enforced and the cost is incurred by M/s xxx (Contractor Name).
Yours faithfully,
On behalf of xxx LLC
xxx
project Manager
