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International Trade Amicus: September 2016


Article

Application of lesser duty rule in anti-dumping investigations
Article 9 of the WTO Anti-Dumping Agreement provides for the possibility to limit the amount of duty that can be applied to remedy dumping. It limits the level of duty to the injury margin, giving discretion to the authorities to not impose the same to the level of dumping margin. Indian Anti-dumping Rules however make it mandatory for the authorities to “to recommend the amount of anti-dumping duty equal to the margin of dumping or less, which if levied, would remove the injury to the domestic industry…”. While majority of WTO Members apply the lesser duty rule with two notable exceptions of the United States and China, some countries like Australia and Canada have chosen a middle of the road approach and apply the lesser duty rule with limitations. The article also notes that the European Commission has proposed to remove the lesser duty rule in cases of circumvention, subsidization or where structural raw material distortions have been found to exist.

Trade Remedy News
  • 1-Phenyl-3-Methyl-5-Pyrazolone from China – India extends anti-dumping duty till 23-8-2017 consequent to initiation of sunset review
  • Caustic Soda from Chinese Taipei, Thailand and Norway – India extends anti-dumping duty on goods from Chinese Taipei while duty allowed to lapse on goods from Thailand and Norway
  • Cold-Rolled flat products of alloy or non-alloy steel from China, Japan, Korea RP & Ukraine – Provisional anti-dumping duty imposed by India
  • Finished Carbon Steel Flanges from India – USA postpones preliminary determination in CVD investigation
  • Flat Hot-Rolled Carbon and Alloy Steel Sheet and Strip from India – Canada rescinds anti-dumping duty, however continues with countervailing duty after sunset review
  • Glass Fibre and articles thereof from China – India continues anti-dumping duty after sunset review
  • N-Butyl Alcohol from Saudi Arabia – India initiates anti-dumping duty
  • New Pneumatic Off-the-Road Tyres from India – USA determines ‘Nil’ dumping margin in preliminary determinations
  • Para Nitroaniline from China – India extends anti-dumping duty extended till 8-9-2017 consequent to initiation of sunset review
  • Resealable can end closures from India – Australia extends time granted to issue Statement of Essential Facts
  • Rubber chemicals - (MBTS) Dibenzothiazole disulphide from China – India extends anti-dumping duty till 19-10-2017 consequent to initiation of sunset review
  • Sulfanilic Acid from India – USA initiates sunset review of anti-dumping and countervailing duties
WTO News
  • India seeks consultations with USA over latter’s domestic content requirement in renewable energy sector
  • Russian import restrictions on pigs and pork products and increased tariffs on certain agricultural products held as violative of WTO Agreements
  • USA’s certain anti-dumping measures held as violative of WTO provisions
Ratio decidendi
  • Anti-dumping duty – Non-OCTG pipe is not in the same general category of products as OCTG, for the purpose of calculation of constructed value profit – US CIT upholds Commerce Department’s view
September, 2016/Issue-64 September, 2016/Issue-64
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