Article
A missing piece in India’s trade remedy law: Codifying ‘public interest’ By Devinder Bagia & Arpit Mehra
The article in this issue of International Trade Amicus notes that there is absence of express statutory provisions under the India’s AD/CVD laws on how ‘public interest’ should be assessed by the DGTR and the Ministry of Finance. It discusses the legal status of the public interest consideration in India and the practice of the Finance Ministry to consider larger public interest while deciding to impose duties. It also notes that while the EU has codified public interest criteria which mandates consideration of the interests of consumers and downstream users, in Canada, the Tribunal can conduct a public interest inquiry if there is evidence that duties would negatively affect Canadian public interest. Drawing from the practices of other jurisdictions across the world, the authors also highlight certain criteria which could be adopted by India. Lastly, noting that several cases questioning the powers of the Ministry and the basis for its decisions are pending before the Supreme Court of India and various High Courts, the authors highlight that as per international practice, public interest need not be a threat to effective trade protection.
Trade News Remedy
- 2,4-Dichlorophenoxyacetic Acid from India – USA issues final affirmative countervailing duty determination and final affirmative determination of sales at less than fair value.
- Aniline from China PR – India’s DGTR recommends continuation of anti-dumping duty after sunset review
- Carbazole Violet Pigment 23 from India – USA issues preliminary determination of provision of countervailing duty from 1 January 2022 till 31 December 2022
- Carbon and alloy steel wire from India – Canada initiates anti-dumping investigation
- Ceramic tile from India – USA issues Final affirmative countervailing duty determination and final negative determination of sales at less than fair value
- Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India – USA issues determination that Goodluck India Limited and Tube Products of India Ltd. made sales at prices below normal value from 1 June 2022 till 31 May 2023
- Continuous Cast Copper Wire Rods from Indonesia, Malaysia, Thailand and Vietnam – India’s DGTR recommends continuation of countervailing duty after sunset review
- Epoxy Resins from India – USA issues final affirmative countervailing duty determination and final affirmative determination of sales at less than fair value
- Glycine from India – USA issues determination of sale below normal value from 1 June 2022 till 31 May 2023
- Granular Polytetrafluoroethylene Resin from India – USA issues preliminary determination that countervailable subsidies were provided to Gujarat Fluorochemicals Limited from 1 January 2023 till 31 December 2023
- Hard empty capsules from India – USA issues preliminary affirmative countervailing duty determination
- High Chrome Cast Iron Grinding Media from India – USA issues final affirmative countervailing duty determination and final affirmative determination of sales at less than fair value
- Melamine from India – USA issues anti-dumping and countervailing duty orders
- Non-Alloy and Alloy Steel Flat Products from all countries other than developing countries, except China PR and Vietnam – India imposes provisional safeguard duty
- Overhead Door Counterbalance Torsion Springs from India – USA issues preliminary affirmative countervailing duty determination
- Polyester Textured Yarn from India – USA issues affirmative finding in sunset review of anti-dumping duty and final affirmative sunset review of countervailing duty
- Raw honey from India – USA issues determination of sale at less than normal value from 23 November 2021 till 31 May 2023
- Stainless Steel Flanges from India – USA rescinds countervailing duty Administrative Review 2023
WTO News
- India’s tariffs on certain goods in ICT sector – DSB again delays adoption of panel report on request of India and Chinese Taipei
- Hot rolled flat steel – Egypt launches safeguard investigation
- EU’s countervailing duties on battery electric vehicles from China – WTO panel established
- EU initiates appeal arbitration in IP dispute with China
India Customs & Trade Policy Update
- Interactive Flat Panel Displays and Monitors (other than IFPDs) – CBIC clarifies on difference and rate of duty
- Gold and jewellery and parts, and silver article of goldsmiths’ or silversmiths’ wares and parts – Drawback enhanced
- Synthetic Knitted Fabrics – Import ‘restricted’ if CIF value is below USD 3.5/kg
- Coal imports – Registration fees under CIMS revised
- Processed areca nuts, including roasted areca nuts – Import ‘prohibited’ if CIF value is below INR 351/kg
- Maldives – Export permitted of specified essential commodities, even if restricted/prohibited
Ratio decidendi
- Classification of goods – Test of ‘most akin’ and not ‘preponderance of probability’ to be followed when laboratory testing not done on all specified parameters – Supreme Court
- Safeguards measures – Transitional provisions under FTP para 1.05(b) are not applicable for quantitative restrictions on imports – Delhi High Court
- Acceptance of declared value for levying Basic Customs Duty but rejecting same for anti-dumping duty is unjustified – CESTAT Kolkata
- FTA imports – Mechanism provided for verification of Rules of Origin is only for originating criterion – Classification of goods can be rejected without verifying the COO – CESTAT Ahmedabad
- Clear Float Glass with a Tin layer which is absorbent and non-reflective, is classifiable under TI 7005 10 90 – Classification mentioned in Certificate of Origin is not material – CESTAT Chennai
