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International Trade Amicus: February 2015

Remand power of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) in anti-dumping cases has been taken up for discussion in this month’s International Trade Amicus. According to the author, there is no clarity in the provisions inasmuch as despite having an inherent power to remand, Tribunal in certain fact situation may not have the power to remand. Under WTO News, this issue covers reports of India filing appeal against the panel report relating to India’s import restrictions on bird flu concerns, and Appellate Body report in the dispute pertaining to Argentina’s import measures. Aggrieved over panel report on shrimp dispute, Viet Nam has also filed an appeal.

Indian Ministry of Finance has clarified that anti-dumping duty is effective for a period of five years from the date of imposition of provisional duty, except in cases where the Directorate General of Anti-dumping and Allied Duties (DGAD) initiates a review before expiry of such five year period. Under Ratio decidendi, this issue covers a decision wherein the United States Court of International Trade has reversed the decision of the US Department of Commerce to conduct a full individual investigation of one of the parties (contending for single separate rate) that did not receive a rate in the first administrative review.

February, 2015/Issue-45 February, 2015/Issue-45
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