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International Trade Amicus: May 2017


Article

Confidentiality in anti-dumping investigations: Supreme Court interprets Rule 7 -
A key feature of anti-dumping investigations is the protection available to commercially sensitive information that interested parties provide to an investigating authority, with the idea that such sensitive information should remain in the safe hands of the authority. Summarising observations of the Supreme Court in a case involving interpretation of Rule 7 of the AD Rules, the article in this issue of International Trade Amicus discusses various situations as encountered during AD investigations in India. The author hopes that the case-specific-officer-specific approach to confidentiality issues followed in anti-dumping investigations is soon replaced by a consistent approach that conforms to the principles laid down by the Apex Court in the discussed case.

WTO News
  • Arbitrator determines level of nullification for Mexico in Tuna dispute - ‘Reasonable period of time’ in residential washers dispute also determined
  • Chinese anti-dumping measures on cellulose pulp not correct – WTO Panel
  • E-commerce must be a way to level the development gap, not widen it – DG WTO
  • EU poultry import quotas – DSB adopts Panel report
  • Panels established to review EU ADD methodologies and Indian steel safeguard duty
  • Safeguard duty - WTO members voice concerns, while Turkey launches investigation on tyres & toothbrushes, and Vietnam on fertilisers
  • US methodologies for anti-dumping duty - Appellate Body upholds panel’s findings
Trade Remedy News
  • Acrylic Fibre from China, Belarus, Ukraine, European Union, Peru – India initiates anti-dumping investigation
  • Aluminium Foil from China – India imposes definitive anti-dumping duty
  • Aluminium Radiators for use in used/on road vehicles and generator sets – India imposes definitive anti-dumping duty
  • Amoxycillin (Amoxycillin Trihydrate) from China - India imposes definitive anti-dumping duty
  • Castings meant for Wind-operated electricity generators / Windmills from China – India extends time for completing investigation, up to 30-7-2017
  • Caustic Soda from Iran, Saudi Arabia, USA – India extends time for completing MTR investigation, up to 21-7-2017
  • Ceramic Rollers from China – India initiates anti-dumping investigation
  • Ceramic Tableware and Kitchenware (excluding knives and toilet items), from China – Indian authorities (DGAD) recommends provisional anti-dumping duty
  • Clear Float Glass from Pakistan - New Shipper Review by India recommends ADD on imports from specified entity
  • Clear Float Glass of nominal thickness from Iran – India imposes definitive anti-dumping duty
  • Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India – USA initiates less than fair value investigation, and CVD investigations
  • Cold-Rolled flat products of alloy or non-alloy Steel from China, Japan, Korea RP or Ukraine – India imposes definitive anti-dumping duty
  • Digital Offset Printing Plates from China – India initiates ADD sunset review
  • Hot-rolled flat products of alloy or non-alloy steel from China, Japan, Korea RP, Russia, Brazil or Indonesia – India imposes definitive anti-dumping duty
  • Hydrogen Peroxide from Bangladesh, Taiwan, Korea RP, Pakistan, Thailand – DGAD recommends ADD imposition
  • New/unused pneumatic radial tyres with or without tubes and/or flap of tuber from China – India extends time for completion of ADD investigation, till 2-8-2017
  • Oxalic Acid from India – EU initiates expiry review of anti-dumping duty
  • Partially Oriented Yarn (POY) from China – India extends ADD till 1-5-2018, consequent to initiation of sunset review
  • Pentaerythritol from China – Consequent to sunset review, DGAD recommends continuation of ADD
  • Polytetrafluoro-ethylene (PTFE) from Russia – India enhances anti-dumping duty
  • Saturated Fatty Alcohols from Indonesia, Malaysia, Thailand and Saudi Arabia – India initiates anti-dumping investigation
  • Sodium Chlorate from Canada, China and EU – India extends time for completion of ADD investigation, till 11-8-2017
  • Sulfanilic Acid from India – USA continues ADD and CVD after sunset review
  • Viscose Filament Yarn from China – India initiates ADD sunset review
  • Zinc Coated (Galvanised) Steel from India – Australia extends time granted to issue Statement of Essential Facts (SEF) and Final Report in relation to ADD and CVD investigations
Ratio decidendi
  • Dumping margin calculation on imports from NME – Exclusion of transactions relating to product types exported by Chinese exporting producers for which there is no matching type produced and sold by the Indian producer, is not correct – CJEU annuls Council Implementing Regulation imposing definitive ADD
  • Sunset review of anti-dumping duty – CJEU annuls EU Council’s decision to terminate anti-dumping sunset review without imposing measures, in a case involving imports of Polyethylene Terephthalate (PET) from India, Taiwan and Thailand – Holds that Council made manifest errors of assessment and did not give adequate reasons
May, 2017/Issue-72 May, 2017/Issue-72
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