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March 2016

International Trade Amicus: December 2015

Article in this December 2015 issue of the International Trade Amicus discusses Countervailing duty laws in India. Considering the WTO Agreement on Subsidy and Countervailing Measures (ASCM), the author notes that despite the fact that the WTO law no longer recognises non-actionable subsidies, the Indian law continues to recognise them under Section 9(3) of the Custom Tariff Act 1975 and the relevant CVD Rules.

Table on Trade Remedy measures by and against India, includes among others, recommendations of the DGAD for imposition of Countervailing duty on Castings for Wind Operated Electricity Generators as imported from China.

WTO News covers report on determination, by the WTO arbitrator, of annual level of nullification or impairment of benefits accruing to Canada and Mexico as a result of the US COOL measure. Further, Compliance panel has observed that USA’s amended provisions, in the dispute with Mexico over tuna labeling, accorded less favourable treatment to Mexican tuna products than to like products from the USA or to like products originating in any other country.

Ratio decidendi in this part covers decision of the EU court holding that the authorities cannot invoke a solely hypothetical risk of circumvention, intrinsic in their view, to the concept of ‘related companies’, to refuse the grant of an individual anti-dumping duty.

 

December, 2015/Issue-55 December, 2015/Issue-55

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