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International Trade Amicus: December 2017


DGAD sets straight procedures regarding sunset review
By Ankur Sharma
The Supreme Court of India recently held that Ministry of Finance is required to issue the notification extending anti-dumping duty before expiry of the five-year levy, and that duty that has already lapsed cannot be extended by another notification at a later date. Recent Trade Notice issued by DGAD in this regard lays down key procedures for initiating a sunset review. DGAD has formally provided for a personal hearing during pre-initiation stage, prescribed a timeline for issuing rejection orders, and stated that final findings will be issued within time and in any case at least 45 days before expiry of the existing anti-dumping duty. However, provisions for ‘late fees’ and ‘application fees’ are not clear. It is felt that courts may question DGAD’s power to refuse to entertain petitions that are filed with less than 240 days from the date of expiry of existing ADD. The Trade Notice though is a bold move to set straight the procedures regarding sunset review, it leaves much room for legal challenge…

Trade Remedy News

  • Ammonium Nitrate from Russia, Indonesia, Georgia, Iran – Indian authorities issue corrigendum to correct duty table
  • Carbazole Violet Pigment 23 from India – USA issues Preliminary Results of ADD Administrative Review; 2015-2016
  • Caustic Soda from Saudi Arabia and USA – India extends anti-dumping duty till 25-11-2018 in the interim of Sunset Review
  • Ceramic Tableware and Kitchenware, excluding knives and toilet items from China – DGAD (Indian authority) recommends imposition of definitive ADD
  • Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India – USA issues final affirmative CVD determination, and Preliminary Affirmative Determination of Sales at Less Than Fair Value
  • Normal Butanol from Saudi Arabia – India terminates AD investigation
  • O-Acid from China - Indian authority recommends imposition of definitive ADD
  • Ofloxacin from China - Indian authority recommends imposition of definitive ADD
  • Phosphoric Acid-Technical Grade and Food Grade (including Industrial Grade) from China – India terminates New Shipper Review after withdrawal of application for same
  • Phthalic Anhydride from Korea RP, Chinese Taipei, Israel – India extends anti-dumping duty till 23-12-2018 in the interim of Sunset Review
  • Polybutadiene Rubber from Korea PR, Russia, South Africa, Singapore, Iran – India terminates AD Investigation after finding that causal link was not conclusively established
  • Polytetrafluoroethylene Resin from India – USA postpones preliminary determination in CVD investigation
  • Sodium Nitrite from European Union – India initiates Mid-term Review investigation
  • Stainless Steel Bar from India – USA issues Preliminary Determination of No Shipments and Partial Rescission of the Anti-dumping Duty Administrative Review; 2016-2017
  • Toluene Di-Isocyanate from China, Japan, Korea RP - Indian authority recommends imposition of definitive ADD

WTO News

  • Highlights of 11th Ministerial Conference held in Buenos Aires from 10th till 13th of December
  • Panel rejects Indonesia’s claims against USA’s AD & CVD measures on certain Coated Paper from Indonesia
  • USA’s revised “dolphin-safe” tuna labelling measure - Mexico appeals compliance panel rulings
  • Canada initiates dispute against US softwood lumber duties
  • Panel established to review UAE measures against Qatar, on goods, services, IP rights

Statutory Update

  • Foreign Trade Policy 2015-20 mid-term review unveiled by India – Incentives under MEIS and SEIS increased while new trust based self-ratification scheme for duty free import of raw material for export production introduced – Certain amendments also made in EPCG and EOU schemes
  • India enhances Basic Customs duties on many electrical/electronic goods

Ratio decidendi

  • Circumvention of anti-dumping duty – CJEU observes that though risk of circumvention of AD measures is higher in case of related exporters on which different anti-dumping duties might be imposed, the authorities are nevertheless required to demonstrate that there is a genuine risk of circumvention.
December, 2017/Issue-78 December, 2017/Issue-78
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