01 January 0001

International Trade Amicus: December 2016


Treatment of China in Anti-dumping investigation after 11 December 2016 – The EU proposal-

Specific provisions of Section 15 of the Protocol of Accession of China to the WTO expired on 11th December, 2016. The European Union has in November proposed to amend its Basic Regulations in order to introduce new methodology to determine the normal value in case of presence of significant market distortions in the exporting country. The article in this issue of International Trade Amicus discusses at length the EU new methodology based on cost adjustments which shifts the burden of proving the existence of significant market distortions in the exporting country to the complainant. It is opined that the new methodology is neutral and may also be applied in investigations against other countries having state intervention in specific sectors. The author is also of the view that the proposals, which still need to be approved by the EU Parliament and the European Council, might be found WTO-inconsistent in the light of the recent findings of the Appellate Body in EU – Biodiesel


Trade Remedy News

  • Axle for Trailers from China – India imposes definitive anti-dumping duty
  • Fatty alcohols and their blends from India – EU allows anti-dumping measures to expire
  • Finished Carbon Steel Flanges from India – USA determines preliminary affirmative Countervailing Duty
  • Hot Rolled flat sheets and plates (not in coil) from all countries except developing countries other than China, Ukraine and Indonesia – India imposes Safeguard duty
  • Low Ash Metallurgical Coke from Australia and China – India imposes definitive anti-dumping duty
  • Resealable Can End Closures from India – Australia extends time granted to issue final report
  • Welded Stainless Pressure Pipe from India – USA issues Anti-dumping and Countervailing duty Orders


Ratio decidendi

  • AD investigation – Surrogate country selection in case of imports from NME country – Effect of non-availability of data in respect of some inputs – US CIT


December, 2016/Issue-67 December, 2016/Issue-67

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