Lakshmi Kumaran & Sridharan AttorneysAn ISO 9001 / 27001 certified law firm

International Trade Amicus: November 2016


Article

Alignment of ‘Period of Investigation’ in AD and CVD investigations to avoid double remedy
Article VI:5 of GATT prevents a situation of double remedy/compensation for the “same situation” of “dumping” or “export subsidization” in relation to concurrent Anti-dumping and Countervailing duty investigations. Though Section 9B(1)(a) of the Customs Tariffs Act, 1975 in India incorporates said provisions, there is no jurisprudence in relation to this issue in India. Considering number of such instances in trade remedy measures taken by the European Union, the author is of the view that if the Period of Investigation is not aligned and kept common for both the AD and CVD investigations, it would be difficult to determine the amount of duty to be imposed, considering the ‘Lesser Duty Rule’ as applicable in India

Trade Remedy News
  • Caustic Soda from Japan and Qatar – India initiates Anti-dumping investigation
  • Ceramic Tablewares and Kitchenwares from China – India initiates Anti-dumping investigation
  • Colour coated / pre-painted flat products of alloy or non-alloy steel from China and EU – Indian authorities recommend provisional anti-dumping duty
  • Jute Products (Jute Yarn / Twine, Hessian fabric, Jute sacking bags) from Bangladesh and Nepal – Indian authorities recommend definitive anti-dumping duty
  • Lined Paper Products from India – USA determines net subsidy rates for specific manufacturer
  • Low Ash Metallurgical Coke from Australia and China – Indian authorities recommend definitive anti-dumping duty
  • Oil Country Tubular Goods from India – US authorities issue preliminary results of Administrative Review
  • Resealable Can End Closures from India – Australia implements provisional dumping measures
  • Wire Rod of Alloy or Non-Alloy Steel from China – India imposes provisional anti-dumping duty
WTO News
  • Steel continues to be at centre of discussions with many countries expressing concerns relating to trade remedy measures by others
  • Turkey seeks consultations with Morocco over AD measures on steel
  • China blocks US panel request in dispute over export duties on raw materials while DSB panel upholds China’s claim regarding inconsistency of US practice of applying zeroing in dumping margin calculations
  • EU duties on biodiesel from Argentina – Appellate Body upholds panel report
  • India’s agreement on Trade in Services with Association of Southeast Asian Nations, questioned at WTO
Ratio decidendi
  • AD investigations - Confidentiality of information supplied by uninterested party - Larger Bench of Indian Supreme Court holds that in case of information from uninterested parties, same should not be treated as confidential unless party supplying information makes such request
  • AD investigations - Computation of normal value - Activities of related trader concerning products other than the product in dispute also to be taken into account in order to assess existence of single economic entity – CJEU
November, 2016/Issue-66 November, 2016/Issue-66
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