01 January 0001

International Trade Amicus: April 2019

All is fair in trade and war – Panel Ruling on interpretation of security exceptions in Russia-Traffic in Transit
by Jayant Raghu Ram

The WTO recently circulated the Panel report in Russia – Traffic in Transit (DS512), a dispute which was initiated by Ukraine against Russia, challenging various transit restrictions imposed by Russia for goods exported from Ukraine. Russia’s argument that the Panel had no jurisdiction to evaluate the justifiability of the said measures with the provisions of Article XXI of the GATT, was rejected observing that the measures were within the Panel’s terms of reference and could be reviewed under the provisions of the ordinary dispute settlement procedures. However, Russia’s contention that the measures were necessary for protection of its essential security interests, was upheld. It was concluded that situation between Russia and Ukraine constituted an emergency in international relations in 2014 and that the measures taken in 2014 and 2016 were taken in time of the emergency. It however held that the designation of a concern as an essential security interest must be in “good faith”. It may be noted that the Panel report has important ramifications for WTO disputes challenging the United States’ Section 232 measures...

Trade Remedy News

  • Acetone from European Union, Singapore, South Africa and United States of America – India continues anti-dumping duty for 5 years subsequent to its sunset review
  • Aluminium and Zinc Coated flat products of Steel from China PR, Vietnam and Korea RP – India initiates anti-dumping duty investigation
  • Carbon and Alloy Steel Threaded Rod from India – USA’a ITC issues positive injury findings
  • Cast Aluminium Alloy Road Wheels from China PR, Korea RP and Thailand – India continues anti-dumping duty for 5 years subsequent to its sunset review
  • Chlorinated Polyvinyl Chloride (CPVC) from Korea RP and China PR – India initiates anti-dumping investigation
  • Corrosion-Resistant Steel Products from India – USA releases final results of Countervailing Duty Administrative Review; 2015-2016
  • Ductile Iron Pipes from China PR – India extends anti-dumping duty till 9th of May 2019 in pendency of proceedings before Gujarat High Court
  • Ethylene Vinyl Acetate (EVA) sheet for Solar Module from China PR, Malaysia, Saudi Arabia and Thailand – India imposes definitive anti-dumping duty
  • Frozen Warmwater Shrimp from India – USA rescinds Antidumping Duty Administrative Review; 2017-2018
  • New Pneumatic Tyres for Buses and Lorries from China PR – India recommends definitive Countervailing duty
  • Paracetamol from China PR – India withdraws anti-dumping duty subsequent to sunset review
  • Polyethylene Terephthalate from India – EU issues notice of initiation of a partial interim review of the countervailing measures
  • Paracetamol from China PR – India withdraws anti-dumping duty subsequent to sunset review

WTO News

  • Korean restrictions on Japanese food imports - Appellate Body issues report
  • US anti-dumping duties on Canadian lumber – Panel report issued
  • US compliance in the Boeing dispute – Appellate Body issues report
  • Turkish duties on Thai air conditioners – Panel established
  • EU initiates dispute against Turkish measures affecting pharmaceuticals
  • EU initiates dispute against Indian tariff on ITC products
  • Safeguard notifications by Egypt and Columbia

India Customs & Trade Policy Update

  • Customs duty reduced on import of specified goods from Japan
  • Rebate of State and Central Taxes and Levies scheme – FTP and HoP amended
  • Transport and Marketing Assistance for agri. products – FTP and HoP amended
  • Physical copies of MEIS/SEIS scrips phased out for EDI ports

Ratio decidendi

  • Anti-dumping duty – Price undercutting – Prices must be compared at same level of trade – EU’s General Court
  • DFIA scheme – Import of popcorn maize – Word ‘maize’ is not generic – Bombay High Court
  • DFIA – Classification under particular tariff heading not relevant – CESTAT Hyderabad
  • Demurrage charges are justified unless waiver mandated by Rules – Delhi High Court
  • Difference between ‘wrench’ and ‘plier’ – Classification in USA - US Court of Appeals for the Federal Circuit

April, 2019/Issue-94 April, 2019/Issue-94

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