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International Trade Amicus: February 2013

Exemption from anti-dumping duty and the government’s power under the Customs Act to grant exemption from anti-dumping duty is the subject for analysis this month. Article in this February, 2013 issue of the International Trade Amicus considers the question deliberating upon the issue as to whether anti-dumping duty is a Customs duty. Other than trade remedy actions by and against India, this issue covers some important disputes in the World Trade Organization (WTO). The US Court on International Trade has held that countervailing duty is permissible on non-market economies. The Court hence upheld the law enacted in March 2012 providing for such levy retrospectively, though the DSB panel had held that this levy amounts to double remedy.

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