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International Trade Amicus: May 2016

Article

China: NME or ME? -

Recent WTO discussions have centered on the question of China’s entitlement to Market Economy Status (MES) post 11th December, 2016. While China has always interpreted the clause to mean that post-2016, it would automatically be accorded MES, Members of the WTO appear to be divided on the issue. According to the author even if Section 15(d)(ii) is deleted in December this year, remaining provision will still be relevant. It is stated that the investigating authority may even resort to Article 2.2 of the Anti-dumping Agreement though granting or not granting China MES is a politico-legal issue. Analyzing situations in EU, USA and India, the author is of the view that countries will continue the practice of using non-market economy methodology on a case by case basis, while prima facie granting MES to China.

Trade Remedy News
  • Amoxycillin from China – India initiates anti-dumping investigation
  • Hot Rolled and Cold Rolled Stainless Steel Flat Products from China – India initiates Countervailing duty investigation
  • Measuring Tapes from Chinese Taipei, Malaysia, Thailand and Vietnam – India imposes definitive anti-dumping duty
  • Poly Vinyl Chloride (PVC) Paste/Emulsion Resin from Korea RP, Taiwan, China, Malaysia, Thailand and EU – Indian authorities recommend anti-dumping duty
  • Polyethylene Terephthalate Resin from India – USA issues Countervailing duty and Anti-dumping duty orders
  • Stainless Steel bars and rods from India – EU initiates Expiry Review of CVD measures
  • Tyres - New/unused pneumatic radial tyres for buses and trucks from China – India initiates anti-dumping investigation
  • Unwrought Aluminium – Indian authorities recommend provisional Safeguard duty
Ratio decidendi
  • Anti-dumping – Reliance on post-investigation period data for determination of ‘threat of injury’ – CJEU holds that authorities are entitled to take post-investigation period data into consideration
  • ADD and CVD – Scope of product under consideration, exclusion to ‘finished goods’ – US CIT rejects exclusion when goods were actually rearranged and repackaged into kits after importation
May, 2016/Issue-59 May, 2016/Issue-60
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