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June 2016

International Trade Amicus: April 2016

Article

Monitoring of steel imports in USA – Consistency under WTO laws -

United States maintains a licensing mechanism known as the Steel Import Monitoring and Analysis (SIMA) System, according to which any business importing steel mill products covered under the licensing program is required to procure a license. The system was introduced in 2003 at the persistence of the domestic steel industry in the United States and provides to the public, statistical data on steel imports entering the United States. However, is SIMA WTO compatible? According to one school of thought, an import-price monitoring system or import surveillance that affords protection will be considered inconsistent with the requirements of Article 11:1(b) of the Agreement on Safeguards. But, since all interested parties have equal access to the information, the monitoring mechanism cannot be considered as providing protection to any one particular party.

 

Trade Remedy News

  • 2-Ethyl Hexanol from EU, Indonesia, Korea RP, Malaysia, Taiwan & USA - India imposes definitive anti-dumping duty
  • Digital Versatile Discs from Thailand & Vietnam - Indian authorities, after sunset review, recommend continuation of anti-dumping duty
  • Glazed/Unglazed Porcelain/Vitrified tiles from China - India imposes provisional anti-dumping duty
  • Hot Rolled Flat products of non-alloy and other alloy steel in coils of a width of 600 mm or more - India imposes safeguard duty
  • Polyethylene Terephthalate Resin from India - US authorities final determination affirms countervailable subsidy rate and dumping margin
  • Seamless tubes, pipes and hollow profiles of iron, alloy or non-alloy steel (other than cast iron and stainless steel) from China - Indian authorities recommend provisional anti-dumping duty
  • Tubes and pipes of ductile cast iron from India - EU imposes definitive Countervailing duty

 

WTO News

  • India disputes USA’s measures relating to non-immigrant temporary working visas
  • Japan files dispute against Korea over anti-dumping duties on pneumatic valves
  • EU duties on biodiesel from Argentina held as violative of WTO provisions

 

Ratio decidendi

  • 'Product under consideration' for the purpose of anti-dumping duty – No requirement of any homogeneity or similarity between products at issue - CJEU
  • Anti-dumping duty - Provisional regulation could be considered not to have caused any loss independently from that caused by the definitive regulation - CJEU

 

News Nuggets

  • France to levy additional tax on palm oil and coconut oil used in food products

 

April, 2016/Issue-59 April, 2016/Issue-59

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