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International Trade Amicus: February 2014

Limitations under Article X of the GATT, 1994 and how they have been to an extent overcome in the recently concluded Trade Facilitation Agreement (TFA) is the topic of discussion this month. First article this month concludes that TFA would improve movement and clearance of goods as a result of increased transparency and ease in availability of rules and regulations. This February, 2014 issue of International Trade Amicus is a special edition – it includes second article which discusses at length USA’s certain provisions relating to anti-dumping duty as are applied in case of imports from Non-market Economy (NME) countries. Out of the many issues raised in DS471 by China, this article discussing elaborately “single rate presumption” and holds that said issue is covered against the US as per precedent decision in EC-Fasteners.

Several compliance issues were also raised before the WTO in January 2014 with the United States expressing concern over Chinese compliance while Mexico disputed USA’s conformity. Annual report of the Director General to the Trade Policy Review Body reveals that 2013 witnessed increase in new trade restrictions and trade-remedy actions. Ratio decidendi part of this Amicus covers recent judgment of the Court of Justice of the European Union annulling regulation imposing ADD on imports of certain seamless pipes and tubes of iron or steel originating in China based on the finding of absence of threat of injury.

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