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October 2018

International Trade Amicus: August 2018

by Jayant Raghu Ram

Anti-circumvention investigation concerning Glass Fibre: Resolving inconsistencies in practice and interpretation

Circumvention of anti-dumping duty is one of the foremost challenges for investigating authorities. The article in this issue of International Trade Amicus discusses the Indian Authority’s practice and jurisprudence concerning various aspects of anti-circumvention investigations, particularly the requirement for determination of material injury. Considering two recent anti-circumvention investigations, it is noted that Designated Authority’s practice on examining “undermining remedial effects” was inconsistent and conflicting. It seems that the ambiguity has been put to rest with the authority in the latest case holding that the AD Rules do not require a detailed material injury analysis to be conducted by the Authority in an anti-circumvention investigation. The findings, being logical, are also consistent with the approach of other investigating authorities in countries such as the European Union and Australia. It remains to be seen whether the Authority will maintain this consistent approach...

 

Trade Remedy News

  • 1, 1, 1, 2, Tetrafluoroethane (R 134a) from China – India issues final findings terminating the new shipper review
  • Aluminium Alloy Road Wheels from China PR, Korea RP, Thailand – India initiates anti-dumping sunset review investigation
  • Carbazole Violet Pigment 23 from India – USA rescinds countervailing duty Administrative Review; 2016
  • Caustic Soda from Saudi Arabia, USA – India issues final findings in sunset review for discontinuation of anti-dumping duty
  • Corrosion-Resistant Steel Products from India – USA issues preliminary results of anti-dumping duty and countervailing duty Administrative Review; 2016-2017
  • Corrosion-Resistant Steel Sheet from India – Canada initiates anti-dumping duty investigation
  • Flat Base Steel wheels from China PR – Indian authorities, in a sunset review, recommend continuation of anti-dumping duty
  • Fluor elastomers from China PR – India initiates countervailing duty investigation
  • Frozen Warm water Shrimp from India – USA issues preliminary results of anti-dumping duty changed circumstances review
  • Glass Fibre from China PR – Indian authorities recommend extension of imposition of ADD on Chopped Strand Mats from specific entity in Thailand
  • Glycine from India – USA postpones preliminary determinations in the Less-Than-Fair-Value Investigations
  • Graphite Electrodes from China PR – Mid-term review by Indian authorities recommend continuation of anti-dumping duty
  • High Speed Steel of Non-Cobalt Grade from Brazil, China PR, Germany – India initiates anti-dumping investigation
  • Hydrogen Peroxide from Bangladesh, Taiwan, Korea RP, Indonesia, Pakistan, Thailand – Indian Ministry of Finance issues corrigendum to notification for clarification on product under consideration
  • Lined Paper Products from India – USA issues notice of partial rescission of anti-dumping duty Administrative Review; 2016-2017
  • Methylene Chloride from European Union and USA – India extends anti-dumping duty till 20-10-2019 consequent to initiation of sunset review
  • Nylon Filament Yarn (Multi Filament) from European Union, Vietnam – Indian authorities recommend imposition of anti-dumping duty
  • Ofloxacin from China PR – Indian authorities recommend corrigendum to Customs Notification. Addition of HS codes relating to Chapter 29
  • Paracetamol from China PR – India extends ADD till 26-4-2019 consequent to initiation of sunset review
  • Pneumatic Off-the-Road Tires from India – USA rescinds Antidumping Duty Administrative Review; 2017-2018 and Countervailing Duty Administrative Review; 2016-2017
  • Polyethylene Terephthalate Film, Sheet, and Strip from India – USA issues preliminary results and partial rescission of anti-dumping duty and countervailing duty Administrative Review; 2016-2017
  • Saccharin from China PR – India initiates countervailing duty investigation
  • Sodium Nitrite from European Union – Indian authorities recommend continuation of anti-dumping duty in Mid-term review
  • Sodium Nitrite from Russia – Indian authorities recommend termination of anti-dumping investigation
  • Solar cells whether assembled in modules or panels – India imposes safeguard duties. However, payment of such duty kept in abeyance for time being, with assessments to be made provisionally.
  • Stainless Steel Flanges from India – USA issues final affirmative determination of Sales at Less Than Fair Value and final affirmative critical circumstance determination, and final affirmative countervailing duty determination
  • Welded Stainless Steel Pipes and Tubes from China PR, Vietnam – India initiates countervailing duty investigation

 

WTO News

  • Indonesian metal duties are not safeguard measures: WTO Appellate Body report
  • EU’s certain energy sector measures violate WTO law: DSB Panel report
  • Russian measures on Ukrainian railway equipment - WTO issues panel report
  • Ukrainian fertilizer anti-dumping duties – DSB Panel finds inconsistencies in investigation by Ukraine
  • China initiates dispute against US solar cell duties and renewable energy measures

 

India Customs & Trade Policy Update

  • Indian retaliatory measures against USA to cover trade loss, postponed
  • Textile products - Customs duties increased on various textile products
  • Petroleum coke import policy revised – Import for fuel prohibited
  • SCOMET - Amendments in Appendix 3, procedural relaxations and export authorisations

 

Ratio decidendi

  • Anti-dumping investigation – Use of ‘total adverse facts available’ when not correct – US Court of International Trade

 

August, 2018/Issue-86 August, 2018/Issue-86

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