Refund of anti-dumping duty as a result of review investigation has been taken up for discussion by the author in the article carried in this issue of International Trade Amicus. According to the author, procedural dichotomy in the law is required to be remedied through harmonious reading of the provisions else it results in a situation whereby a duty which could not have been imposed is nevertheless allowed to be retained if already collected. Tables containing trade remedy actions by and against India in this issue covers 10 products on which India has taken some measure and 4 Indian products against which trade remedy measure has been taken by other countries.
WTO News in this issue covers appeal by Argentina against panel report finding conditions imposed on economic operators, by Argentina, for import or to obtain certain benefits as inconsistent with Articles III:4 and XI:1 of the GATT 1994. India’s preference to domestically manufactured goods has been questioned by the EU, which also seeks panel establishment against Russia on imposition of ADD by latter on certain light commercial vehicles from Germany and Italy. For brief summary of such developments in WTO, please refer this issue.
Under ratio decidendi, this month’s Amicus brings judgment of the Court of Justice of European Union (CJEU) on effect of non-cooperation and change in trade pattern in an ADD circumvention investigation. The court has observed that definition of ‘circumvention’ leaves a broad margin of discretion to the EU institutions. News Nuggets in this issue cover an agreement between United States and Brazil to settle the dispute pertaining to certain US subsidies provided to cotton sector.