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International Trade Amicus: October 2016


Article

Targeted dumping: An examination
Law as enshrined in Article 2.4.2 of the Agreement on Implementation of Article VI of GATT 1994 permits use of an alternative methodology for computation of the dumping margin if there is targeted dumping. The Article in this issue of Amicus hence analyzes the nature of the examination to be undertaken under said provisions of the Anti-dumping Agreement in the light of the findings of the WTO Appellate Body in the dispute United States ‒ Anti-dumping Measures and Countervailing Measures on Large Residential Washers from Korea. Observing that requirements or conditions for use of the third/alternative methodology may be segregated into three parts – the “methodology clause”, the “pattern clause” and the “explanation clause”, the author examines the key requirements under each clause in the light of the recent findings of the DSB panel.

Trade Remedy News
  • 4,4Diamino Stilbene2, 2 Disulphonic Acid from China – Mid-term Review by Indian authorities recommend continuation of revised Anti-dumping duty
  • AA Dry Cell Batteries from China and Vietnam – Indian authorities recommend non-imposition of ADD
  • Axle for Trailers from China – Indian authorities recommend definitive ADD
  • Cold-Rolled Steel Flat products from India – USA issues Countervailing Duty Orders
  • Narrow Woven Fabric from China – India continues anti-dumping duty after sunset review
  • Ofloxacin and Ofloxacin Acid from China – India initiates anti-dumping investigations
  • Polybutadiene Rubber from Korea PR, Russia, South Africa, Iran and Singapore – India initiates anti-dumping investigation
  • Soda Ash from Turkey, Russia, China, EU, Kenya, Pakistan, Iran, Ukraine and USA – Mid-term review by Indian authorities recommend revocation of anti-dumping duty
  • Toluene Di-Isocyanate (TDI) from China, Japan and Korea RP – India initiates anti-dumping duty investigation
  • Welded Stainless Pressure Pipe from India – Estimated weighted average dumping margin and subsidy rates determined by USA
  • Zinc Coated (Galvanised) Steel from India – Australia initiates investigation into alleged dumping and subsidization
WTO News
  • India’s domestic content requirement for solar products violative of WTO Rules – Appellate Body upholds panel report
  • EU aircraft subsidies – Compliance panel holds that EU and certain member States failed to implement DSB recommendations and rulings
  • Russia files appeal against panel report in ‘pork import restrictions’ and decides not to appeal in dispute DS485
  • USA disputes Chinese subsidies on agricultural products – Dispute first of its kind after 2013 Ministerial Agreement
Ratio decidendi
  • Anti-dumping duty – Not every measure of public authorities of the exporting country can be considered as source of distortion permitting the authorities of the importing country to discard prices included in the records of the party under investigation for the purpose of computation of Normal value – CJEU
October, 2016/Issue-65 October, 2016/Issue-65
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