18 September 2020

International Trade Amicus: April 2020


“Reasonable Period of Time” for implementation of rulings and recommendations by DSB
By Divyashree Suri

The recommendations and rulings of the WTO’s DSB are preferably to be adopted immediately after the concerned country communicates its intentions to implement them. However, if the same is not possible, the country is granted a ‘reasonable period of time’ for such implementation and subsequent compliance. The article in this issue of International Trade Amicus discusses elaborately the WTO provisions and a recent ruling of the arbitrator adjudicating upon the ‘reasonable period of time’ in a dispute where the DSB panel and the Appellate Body had found inconsistencies in the anti-dumping investigation conducted by Ukraine against Russia concerning import of Ammonium Nitrate. According to the author, the arbitration report makes it clear that the ‘reasonable period of time’ must be as short as possible and that it is permissible for countries to eliminate procedures which are not essential, and to expediate the said process. It is recommended that all Member Countries should have provisions in their trade-remedy legislations to incorporate such compliance requirements...

Trade Remedy News

  • 1-Phenyl-3-Methyl-5-Pyrazolone from China – Indian authorities recommend provisional anti-dumping duty.
  • Acetone from Korea RP, Saudi Arabia and Chinese Taipei – India extends anti-dumping duty till 14-10-2020.
  • All Fully Drawn or Fully Oriented Yarn/Spin Drawn Yarn/Flat Yarn of Polyester from China and Thailand – India initiates anti-dumping duty sunset review.
  • Copper & Copper Alloy Flat Rolled Products – India initiates anti-dumping investigation
  • Electronic Calculators from China – Indian authorities recommend continuation of anti-dumping duty subsequent to sunset review.
  • Fine Denier Polyester Staple Fiber from India – USA issues preliminary results of countervailing duty administrative review.
  • Finished Carbon Steel Flanges from India – USA issues final results of countervailing duty administrative review, 2016-2017 and final results of anti-dumping duty administrative review; 2017-2018.
  • Forged Steel Fittings from India – USA issues preliminary affirmative countervailing duty determination.
  • Lined Paper Products from India – USA issues final results of anti-dumping duty administrative review and final determination of no shipments; 2017-2018.
  • Mono-Ethylene Glycol from Kuwait, Oman, Saudi Arabia, UAE and Singapore – India terminates anti-dumping investigation against imports from Saudi Arabia.
  • New/Unused pneumatic radial tyres having nominal rim dia code above 16” – India initiates new shipper review investigation for determination of individual CVD Rate.
  • Phenol – India terminates safeguard investigation.
  • Plain medium density fibre board of thickness less than 6 mm from Vietnam, Malaysia, Thailand and Indonesia – India initiates anti-dumping investigation.
  • Polytetrafluoroethylene (PTFE) from Korea RP – India initiates anti-circumvention investigation concerning alleged circumvention of anti-dumping duty on said product originating in or exported from Russia.
  • Polytetrafluoroethylene (PTFE) from Russia – India initiates mid-term review investigation.

Statute Update

  • Temporary changes in the trade remedy investigation processes due to COVID-19 pandemic
  • Anti-dumping sunset reviews - Timelines for filing sunset review applications revised

WTO News

  • Export restrictions in response to COVID-19 crisis growing – IMF and WTO heads call for lifting curbs
  • Ukraine-Russia dumping dispute - WTO Arbitrator determines “reasonable period of time”
  • Egypt launches safeguard investigation on raw aluminium

India Customs and Trade Policy Update

  • Foreign Trade Policy extended till 31-3-2021 – Last dates for various obligations relaxed
  • Ventilators, PPE, masks and COVID-19 testing kits - Exemption from BCD and health cess
  • Customs clearance - Acceptance of undertakings in lieu of Bonds
  • FTAs - Provisional clearance where original Certificate of Origin is not furnished

Ratio decidendi

  • Anti-dumping duty – De-minimis market share in imports – Threshold of 1% when not hard – General Court of the European Union
  • Valuation – Price at which goods sold after import when not relevant – Court of Justice of the European Union
  • Self-heating patches and belts classifiable under Heading 3005 and not under 3824 – Court of Justice of the European Union

April, 2020/Issue-106 April, 2020/Issue-106

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