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International Trade Amicus: August 2016


Article

Causal Link Analysis: An Examination
The Indian authorities have recently recommended discontinuation of anti-dumping duty in respect of two products, finding absence of causal link. The article in this issue of Amicus, while exploring various difficulties in undertaking a causal link analysis, also examines whether such an examination should be taken at the time of sunset review. After considering Article 3.5 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 and WTO DSB reports, the author is of the view that it is difficult to undertake such an analysis due to lack of guidance in the AD Agreement. Further, it is stated that though according to the DSB Appellate Body report, authorities are not required to undertake a causal link analysis “anew” in an expiry review investigation, India’s practice of undertaking such analysis even in sunset review proceedings is merely an additional step to be satisfied which does not prejudice the rights of parties in any manner.

Trade Remedy News
  • Acetone and phenol from Thailand and Japan – Indian authorities recommend non-continuation of anti-dumping duty
  • Ammonium Nitrate from Russia, Indonesia, Georgia and Iran – India initiates anti-dumping investigation
  • Cold-rolled flat products of steel from China, Japan, Korea and Ukraine – Indian authorities (DGAD) recommend provisional anti-dumping duty
  • Cold-rolled steel flat products from India – US authorities determine final dumping margin and subsidy rate
  • Corrosion-resistant steel products from India – USA issues countervailing duty and anti-dumping duty orders
  • Finished carbon steel flanges from India – USA initiates anti-dumping and countervailing duty investigations
  • Hollow structural sections – Australia terminates anti-dumping investigation
  • Opal Glassware from China & UAE – India extends anti-dumping duty after initiation of sunset review
  • Plain Medium Density Fibre Board (MDF) having thickness of 6 mm and above from Indonesia & Vietnam – India imposes definitive anti-dumping duty
  • Polytetraflouroethylene or PTFE from China - India extends anti-dumping duty after initiation of sunset review
  • Rubber Chemicals from EU and China - India extends anti-dumping duty after initiation of sunset review
  • Sewing machine needles from China – India extends anti-dumping duty till 21-6-2017
  • Sodium Nitrite from China – India initiates anti-dumping duty sunset review
  • Wire rod of alloy or non-alloy steel from China - Time limit for submission of response extended till 19-8-2016 by Indian authorities
WTO News
  • USA and EU file disputes against China over restrictions on export of certain raw materials
  • USA’s request for retaliation against India in agricultural products dispute referred to arbitration
  • Vietnam and South Africa initiate safeguard investigations on specified steel products
  • Jordan initiates safeguard investigation on aluminium bars, rods and profiles
Statutory Update
  • India removes Minimum Import Price (MIP) requirement for many iron and steel products – List of products required to follow MIP cut down to 66 from 173
Ratio decidendi
  • Anti-dumping duty – Non-supply of normal value calculation to exporter is fatal - Court of Justice of the European Union (CJEU) annuls Council Implementing Regulation and imposes costs on the Council
  • Anti-dumping duty – Authorities required to mandatorily follow time limit for adopting a decision on market economy treatment - CJEU
August, 2016/Issue-63 August, 2016/Issue-63
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