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International Trade Amicus: December 2018


Rule 22 and jurisprudence: Duty margins for new shippers in case of sampling in original investigation
By Greetika Francis
Rule 22 of the Indian Anti-Dumping Rules allows authorities to carry out review of a new shipper to determine if (i) the producer or exporter has not exported the product to India during the period of original investigation and whether (ii) the exporter or producer is not related to any of the exporters or producers in the exporting country who are subjected to anti-dumping duties. Recently in the case involving jute products from Bangladesh and Nepal, exported by M/s. Janata Jute Mills Ltd., the Designated Authority did not determine an individual dumping margin for the Applicant. It may be noted that if the conditions under Article 9.5 of the WTO AD Agreement are satisfied, it is mandatory for the authority to not only carry out a review but also determine individual margin of dumping for such exporter. Rule 17 of the Indian AD Rules which lays down the sampling provisions, provides that the Designated Authority must determine individual margin of dumping for even non-sampled producers who submit necessary information. Clarity and guidance regarding the handling of such situations would emerge with the conclusion of the remaining new shipper reviews with respect to the product concerned...


Trade Remedy News

  • Ductile Cast Iron Tubes and Pipes from India – EU issues notice of initiation of a partial interim review of the applicable countervailing measures
  • Large Diameter Welded Pipe from India – USA issues final affirmative countervailing duty determination
  • Low Ash Metallurgical Coke from Australia and China – Indian authorities initiate Anti-dumping duty Mid-term Review
  • Metaphenylene Diamine from China – Indian authorities recommend continuation of anti-dumping duty, after sunset review
  • Methylene Chloride from EU and USA - Indian authorities recommend continuation of anti-dumping duty, after sunset review
  • O-Esters from China – India imposes definitive anti-dumping duty
  • Oil Country Tubular Goods from India – USA issues notice of correction to the amended final determination and amendment of the antidumping duty Order
  • Peroxosulphate from China and USA – Indian authorities recommend non-continuation of anti-dumping duty, after sunset review
  • Purified Terephthalic Acid from Korea RP and Thailand – Indian authorities extend time for filing questionnaire response up to 31-12-2018
  • PVC Suspension Grade Resin from China, Thailand, USA – Indian authorities extend time for filing of Questionnaire response up to 8-1-2019
  • Soda Ash from China, European Union, Kenya, Pakistan, Iran, Ukraine and USA – Indian authorities recommend non-continuation of anti-dumping duty, after sunset review
  • Zeolite 4A from China – India imposes definitive anti-dumping duty


WTO News

  • Indian safeguard duties on steel products – India appeals panel rulings in the case brought by Japan
  • Panels established to review US tariffs on steel and aluminium, and countermeasures imposed by China, Canada, EU and Mexico
  • Disputes initiated by Thailand and Argentina against Turkish duties on air conditioners and Peruvian measures on biodiesel imports, respectively
  • US duties on Turkish pipe and tube products – Panel report issued finding inconsistency with SCM Agreement
  • UK submits draft post-Brexit services commitments
  • WTO members adopt roadmap for reducing technical barriers to trade – 6 Indian TBT measures discussed
  • Import restrictive measures by countries rise seven-fold: WTO report


India Customs & Trade Policy Update

  • Scrutiny of applications for anti-dumping and countervailing investigations – DGTR issues Trade Notice containing revised check list
  • India once again postpones retaliatory measures against USA
  • Re-export/return of imported SCOMET items – Procedure prescribed
  • Documents for online IEC applications – DGFT clarifies
  • AEO – Online T1 applications and time-period for review and audit - CBIC launches website for online filing of AEO T1 applications
  • EOUs - Customs and Central Excise notifications amended to align with FTP


Ratio Decidendi

  • Anti-dumping - Classification of parts of imported articles - CJEU has reiterated that a general part presented separately with an imported article does not constitute that article and needs to be classified under appropriate heading of EU’s Combined Nomenclature
  • DFIA exports – Specifications of imported inputs to be declared on Shipping Bills - Delhi High Court


News Nuggets

  • SAWTR Annual Conference on International Trade - FICCI in collaboration with Lakshmikumaran & Sridharan organized a seminar on 19th November over the theme “From calm to chaos: contemporary challenges in the International Trading System”, in New Delhi.
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