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International Trade Amicus: July 2017


Article

Compliance with DSB recommendations and rulings by EU in trade remedy cases -
Article 19.1 of the WTO’s Dispute Settlement Understanding obliges the Member to amend or withdraw the duty, found to be inconsistent with any agreement. The European Union however has on two occasions, wherein the practice of EU authorities was declared inconsistent with the obligations under the Anti-dumping agreement, though not resorted to the WTO inconsistent methodology in new investigations, has indirectly relied on these inconsistent methodologies for its ‘likelihood’ determination in expiry (sunset) reviews. The authorities continued to use multiple averaging for the purpose of dumping margin determination, and Individual Treatment test against non-market economy countries. According to the author, the European Commission failed to correct inconsistencies in the original investigations in these review proceedings, and hence the exporters should request for partial interim review and raise the issue of WTO inconsistency of the measures during the review proceedings.

Trade Remedy News
  • Caustic Soda from Iran, Saudi Arabia, USA - Final findings of Mid-term Review by Indian authorities recommends revision of definitive ADD
  • Clear Float Glass of nominal thickness ranging from 4mm to 12 mm (both inclusive) from Pakistan – India imposes anti-dumping duty on an exporter based on individual duty margin
  • Colour coated/pre-painted flat products of alloy or non-alloy steel from China and EU – India extends time up to 28 September, 2017 for completion of AD investigation
  • Finished Carbon Steel Flanges from India – USA issues final determination of sales at less than fair value and final affirmative countervailing duty determination
  • Grinding Media Balls from Thailand and China – India extends anti-dumping duty till 15-7-2018
  • High Tenacity Polyester Yarn from China – India initiates anti-dumping duty investigation
  • Lined Paper Products from India – USA amends final results of Countervailing Duty Administrative Review, and revises subsidy rates for specific company
  • Lined Paper Products from India – USA initiates ADD and CVD sunset reviews
  • O-Acid from China – India imposes provisional anti-dumping duty
  • Oil Country Tubular Goods – USA revises anti-dumping duty order for specific companies
  • Pentaerythritol from China – India imposes definitive anti-dumping duty
  • Polyethylene terephthalate (PET) from India – EU initiates partial interim review for CV Duty
  • Polytetraflouroethylene (PTFE) from China - Sunset review by Indian authorities recommends imposition of definitive anti-dumping duty
  • Sewing Machine Needles from China – India continues with definitive anti-dumping duty after sunset review
  • Soda Ash from China, EU, Kenya, Pakistan, Iran, Ukraine, USA – India extends anti-dumping duty till 2-7-2018 pending sunset review
  • Stainless Steel Bar from India – USA initiates anti-dumping duty sunset review
  • Stainless steel bars and rods from India – EU imposes definitive CVD after sunset review
  • Stainless Steel Wire Rod from India – USA continues with anti-dumping duty order after sunset review
  • Textured Tempered Coated and Uncoated Glass from China – Indian authorities recommend imposition of definitive anti-dumping duty
WTO News
  • European Union’s CVD measures on PET from Pakistan found to violate WTO provisions
  • EU appeals Panel Report in US compliance in the Boeing dispute
  • National security cited in trade concerns at Goods Council meeting
  • WTO members review three regional trade agreements
  • Panels established to rule on US subsidy duties and Colombia’s compliance with tariff ruling
July, 2017/Issue-74 July, 2017/Issue-74
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