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October 2019

International Trade Amicus: August 2019


SEZs whether eligible constituent of “Domestic Industry” under Indian trade remedial laws?
by Vikram Agarwal and Greetika Francis

The article in this issue of International Trade Amicus delves on the question as to whether producers located in the Special Economic Zones (SEZ) are eligible to constitute ‘Domestic Industry’ for the purposes of Indian trade remedial investigations. It notes that based on the definitions for the purposes of trade remedial investigations, there is no confusion regarding inclusion of SEZ units as domestic producers, however, provisions under the SEZ Act, 2005, by a legal fiction, hold SEZ units as ‘outside’ Indian customs territory. Considering various reasons, the authors state that predominance of arguments lies in favour of considering SEZ units as eligible domestic industry though the Designated Authority has taken contrary positions in different decisions. Citing various findings of the DA where the SEZ units were included and excluded from the scope of ‘domestic industry’, the authors hope that over the course of upcoming investigations the Authority will concretize its stance with respect to participation of a SEZ unit as ‘domestic industry’…

Trade Remedy News

  • Acetone from Korea RP, Taiwan, Saudi Arabia – India initiates anti-dumping duty sunset review
  • Atrazine Technical from China – Indian authorities recommend definitive countervailing duty
  • Flexible Slabstock Polyol from Singapore – India initiates anti-dumping duty sunset review
  • High-Speed Steel of Non-Cobalt Grade from Brazil, China, Germany – Indian authorities recommend imposition of definitive anti-dumping duty
  • Homopolymer of vinyl chloride monomer (PVC) (suspension grade) from China and USA – India continues anti-dumping duty for 30 months
  • Jute Products from Bangladesh and Nepal – India imposes anti-dumping duty for New Shippers on the basis of residual rates
  • Nylon Multi Filament Yarn from China, Korea RP, Taiwan, Thailand – Indian authorities clarify in respect of PCN
  • Polyethylene terephthalate (PET) from India – European Union imposes definitive countervailing duty subsequent to sunset review
  • Polystyrene from Iran, Malaysia, Singapore, Chinese Taipei, UAE and USA – Indian authorities extend time for filing questionnaire response
  • Refined Bleached Deodorised Palmolein and Refined Bleached Deodorised Palm Oil from Malaysia – India initiates Bilateral Safeguard Investigation under India-Malaysia Comprehensive Economic Cooperation Agreement (Bilateral Safeguard Measures) Rules, 2017
  • Tubes and Pipes of Ductile Cast Iron from India – European Union notifies requirement for registration of imports subject to re-opening of investigation
  • Welded Stainless Steel Pipes and Tubes from China and Vietnam – Indian authorities recommend imposition of definitive countervailing duty

WTO News

  • Panels established to review US solar cell duties and Indian sugar programmes
  • US renewable energy measures - United States appeals panel report
  • US anti-dumping measure on certain oil country tubular goods from Korea - Korean request for retaliation referred to arbitration

India Customs & Trade Policy Update

  • Fees for excess utilization of duty saved amount can be paid within 2 years
  • Gradual relaxation in percentage of physical examination of exports
  • Global Authorization for Intra-Company Transfer (GAICT) of SCOMET Items/Software/Technology – Procedure specified

Ratio decidendi

  • Anti-dumping duty – Non-advertence to material placed on record – Sunset review recommending non-continuation of ADD set aside – Gujarat High Court
  • Anti-dumping duty – Extra clear float glass different from clear float glass – CESTAT Ahmedabad
  • Classification of goods – Similarity of contents when not a criterion – CESTAT New Delhi
  • Classification of goods - No estoppel to raise dispute in subsequent import – CESTAT Mumbai
  • EPCG scheme – No interest payable on Composition fee as same not duty under Customs Section 28 – CESTAT Bangalore

August, 2019/Issue-98 August, 2019/Issue-98

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