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

International Trade Amicus: April 2014

Technical Barriers to Trade or TBT as non-tariff barriers form the subject matter of discussion in the article published in International Trade Amicus this month. The author is of the view that in recent years, there has been a proliferation in the usage of technical regulations, standards and conformity assessment procedures, which can be said to constitute the “new wave” of non-tariff measures and which pose difficulties to the liberalization of multilateral trade.

Besides the table providing exhaustive information on trade remedy measures taken by India against imports from other countries and also the table containing trade remedy measures taken by other countries against India, this issue also covers WTO panel reports holding Chinese rare earth export restrictions as inconsistent with WTO provisions. The panel report holding USA’s anti-dumping and CVD measures on Chinese products as inconsistent with SCM Agreement is also summarized in this issue. Establishment of three DSB panels in respect of disputes viz., Ukraine’s safeguard duty on passenger cars, USA’s certain methodologies relating to anti-dumping proceedings and Australia’s plain packaging requirements for tobacco products, is also highlighted in this issue of this newsletter.

WTO’s Report noting that technical barriers to trade are on the rise is reported in the News Nuggets section. Ratio decidendi column covers CESTAT decision holding that expansion in the scope of ADD consequent to mid-term review is not retrospective.

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