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

International Trade Amicus: May 2014

A brief analysis of the recently issued final findings in the safeguard review investigation on imports of PX-13 also known as 6 PPD into India, issued by the Directorate General of Safeguards has been taken by the author in the ‘Article’ section of this issue. The author is of the view that this case is significant and unique in the sense that despite the existence of serious injury to the domestic industry, the DG refused to extend the safeguard measure.

Trade remedy measures initiated by India against other countries including safeguard measures and anti-dumping measures initiated by USA and China against Indian goods are tabulated for ready reference. In the ‘WTO News’ section, this issue covers filing of appeals and counter appeals by USA and China against the panel reports – first by USA in the dispute pertaining to Chinese measures concerning exportation of Rare Earths, Tungsten and Molybdenum (DS 431), followed by China’s filing of appeal against panel report in dispute involving countervailing and anti-dumping measures by USA on certain products from China. This issue of International Trade Amicus also reports consultations sought by EU with Russia concerning certain measures taken by Russia affecting importation of live pigs and their genetic material, pork, pork products and certain other commodities from the European Union and Russia seeking onsultation with EU on latter’s certain measures concerning production, supply and transmission of natural gas or electricity.

New Nuggets section brings to readers an interesting highlight of recent meeting organized under UNCTAD on the necessity to keep the goods safe from application of trade remedy rules. Australia and Japan announced the conclusion of negotiations on the Japan-Australia Economic Partnership Agreement (JAEPA), signaling the end of seven years of negotiations and this issue contains the news story on the same. The ‘Ratio Decidendi’ column discussed an order of Delhi High Court on applicability of provisions of Customs Act, 1962 to refund of anti-dumping duty.

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