01 January 0001

International Trade Amicus: December 2019


The Appellate Body’s disintegration: Is this the WTO’s “Infinity War” or is there an “Endgame”?
By Jayant Raghu Ram

USA’s disinterest in appointing new members to the DSB Appellate Body, has ensured the reduction of the WTO Appellate Body to a single member body. The present article discusses the impact of absence of WTO’s Appellate Body on pending appeals and towards the efficacy of WTO. The author contemplates that the dispute settlement body will continue to work although in the absence of an appellate body, any appeal will render the panel process futile. According to the author, while the AB paralysis has opened the door for Members to flirt with the adoption of measures that could be WTO inconsistent, the DSB might become more diplomacy-oriented rather than objective, in order to make its reports more acceptable and less likely to be appealed against. The author further discusses at length the implications of pending appeals where India is involved either as a complainant or as a respondent. Referring to the dispute US – Renewable Energy Measures, the article notes that since the decision has not attained finality, India has lost potential bargaining power in the parallel dispute brought against it by the US. Observing that the AB has stood as the vanguard of the rules-based system of settling WTO disputes, the author hopes WTO and its other Members can assemble to solve the fate of the WTO’s dispute settlement mechanism...

Trade Remedy News

  • 1-Phenyl-3- Methyl-5-Pyrazolone from China – India initiates anti-dumping investigation
  • 7-phenylacetamido-3-chloromethyl-3-cephem-4-carboxylic Acid methoxybenzyl Ester from India – China extends Anti-dumping and Countervailing investigations by six months
  • Clear Float Glass from Pakistan, Saudi Arabia, UAE – India continues with definitive anti-dumping duty pursuant to sunset review
  • Diketopyrrolo Pyrrole Pigment Red 254 (DPP Red 254) from China – India initiates Sunset review of anti-dumping duty
  • Flax Fabric from China and Hong Kong – India initiates Sunset review of anti-dumping duty
  • Measuring Tapes from China – India initiates Sunset review of anti-dumping duty
  • Mono Ethylene Glycol from Kuwait, Oman, Saudi Arabia, UAE and Singapore – India initiates anti-dumping investigation
  • New Pneumatic Radial Tyres of Rubber, with or without tubes and/or flaps, from Thailand – India initiates anti-dumping investigation
  • Polyester Textured Yarn from India – USA issues Final Affirmative Countervailing Duty Determination
  • Quartz Surface Products from India – USA issues Preliminary Affirmative Determination of Sales at Less Than Fair Value and Preliminary Negative Determination of Critical Circumstances
  • Tungsten electrodes from India – EU initiates investigation of possible circumvention of anti-dumping duty on imports from China

WTO News

  • Trade restrictions at historically high levels even as many new measures for facilitating trade implemented: WTO report
  • No Customs duties on electronic transmissions – WTO extends moratorium
  • European Union and Indonesia – EU initiates dispute against Indonesian restrictions on raw materials while Indonesia initiates dispute against EU biofuel measures
  • Panel report in second Airbus compliance proceedings issued – EU files appeal
  • Indonesian complaint against Australian paper duties – Panel report issued
  • Ukraine launches safeguard investigation on syringes
  • Ecuador launches safeguard investigation on flat ceramics

India Customs & Trade Policy Update

  • Registration under Steel Information Management System clarified
  • Gifts – Prohibition on import of goods where Customs clearance sought as gifts
  • Toys – Import Policy condition revised
  • Peas – Import restrictions tightened
  • Jewellery exports – Submission of self-attested copy of exporter’s copy of shipping bill as proof of export

Ratio decidendi

  • Anti-dumping duty – Computation of normal value of exports – Failure in providing information – Exclusion of certain sales to independent buyers who themselves exported - European Union’s General Court
  • Ports specified in exemption notification not exhaustive – Exemption, when port notified subsequently - Madras High Court
  • EOU - Non-obtaining of permission from DC for clearance into DTA is procedural error - CESTAT Mumbai

December, 2019/Issue-102 December, 2019/Issue-102

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