Procedural conundrum of Indian safeguard law has been taken up for discussion in the Article section of this issue. According to the author, even though mechanism has been set up by India in applying the provisions of Article XIX of GATT and Agreement on Safeguards (AOS), yet lot of procedural loop-holes are still to be filled in to make the safeguard investigation process more transparent and clear.
"In Focus" segment of this issue of International Trade Amicus covers special report on the recent WTO’s panel report in the dispute United States – Countervailing Measures on certain Hot-rolled carbon steel flat products from India wherein the panel was of the view that US provisions requiring cumulative assessment of the effects of subsidized imports with the effects of imports not subject to simultaneous countervailing duty investigations, is 'as such' violative of Article 15.3 of the Subsidies and Countervailing Measures (SCM) Agreement. Readers may go through an exhaustive analysis of this landmark report which marks a major victory for India before the WTO.
Trade Remedy News covers list of 9 products where India has taken trade remedy measures and 3 products where different countries have taken measures against India. WTO News in this issue brings to readers reports on Indian fisheries subsidies and export support programmes being questioned and establishment of panels in disputes between EU and Russia. The unsuccessful conclusion of the meeting where Member countries could not agree on adoption of Trade Facilitation Agreement (TFA) has been highlighted in this issue. Under Ratio decidendi, this issue covers recent order of Delhi High Court holding that anti-dumping duty cannot be extended by amending notification which is issued after expiry of original notification imposing definitive ADD.
August, 2014/ Issue-39