Lakshmi Kumaran & Sridharan AttorneysAn ISO 9001 / 27001 certified law firm

International Trade Amicus: February 2012

India's new anti-circumvention rule is the topic for discussion this month. Whether these rules, which are set to tighten the anti-dumping provisions, would lead to sudden spurt in anti-dumping investigations? In WTO, the DSB Appellate Body has held that China's export restrictions on certain raw materials are inconsistent with its obligations, while various labeling requirements of USA and India were also at the centre of disputes. India has further notified new set of rules for refund of anti-dumping duty in certain cases and there is news that it plans to set-up Directorate General of Trade Remedies. There is also news that arbitration clause in India-EU FTA is creating hurdles in finalization of the agreement. Further, Bombay High Court has held that the amended Rule 2(b) of the Indian anti-dumping provisions leaves no discretion with the investigating authority to include domestic producers who are also importers or are related to foreign exporters, within the meaning of the term 'domestic industry'.

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