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International Trade Amicus: April 2015

India has proposed a new model of Bilateral Investment Treaty to address several issues it has been facing including claims from foreign investors based on taxation and the allegation that India failed to provide proper investment climate. In this issue of International Trade Amicus readers will find discussion on the important and interesting features of BITs entered so far vis-a-vis the model BIT.

Like the previous issues, this Amicus covers list of trade remedy measures by and against India. Under “WTO News”, this issue covers disputes between India and EU over the local content requirements in the solar power generation sectors and the other on import licensing or quota relating to import of marble and marble products. The WTO established three panels to study the complaints requested by Pakistan, European Union and Korea. Indonesia has filed dispute against USA over the anti-dumping duties and countervailing measures applied on their paper products. These developments are covered in this issue.

Under Ratio Decidendi, this issue includes Delhi High Court order quashing the findings of Designated Authority (DA) and imposing definitive anti dumping duty without providing the necessary information/findings to the other parties and hence violating the principles of natural justice. Further in another case Delhi High Court has clarified the definition of “Interested Party” under Rule 2(C) of the Custom Tariff Rules, 1995. The Court of Justice of the European Union has annulled imposition of ADD on Sri Lanka which was imposed on the ground of circumvention of the duty by importer in respect of bicycles which were originating from China.

News Nuggets covers changes made to Foreign Trade Policy 2015-2020 aimed at doubling exports with two new policies of export promotion schemes - one for promotion of export of goods – MEIS and while the other for promotion of export of services - SEIS. Previously there were five different schemes for promotion of export but now they are merged in one scheme called Merchandise Exports from India Scheme (MEIS).

April, 2015/Issue-47 April, 2015/Issue-47
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