01 January 0001

International Trade Amicus: February 2016


Market economy status to China – Debate continues -

Since 2001 when China joined the WTO, it has been treated as a non-market economy country. Because of the non-market economy treatment, in most anti-dumping investigations, China’s domestic cost and selling price are not considered by the investigating authorities. According to China such practice of treating it as a non-market economy has to come to an end by December 2016. It may be noted that according to the China’s Accession Protocol, after 11 December 2016, the importing WTO Members are not allowed to use a methodology that is not based on a strict comparison with domestic prices or costs in China. However, there seems to be no clear answer as to the methodology to be used if a particular industry or sector is not able to establish that market economy conditions prevail in that industry/sector. According to the author, producers in chemical, ceramic and textile industries who have been slapped with high anti-dumping duties, should start preparations so as to be able to establish that they are operating under market economy principles.


Trade Remedy News

  • Melamine from China – India continues definitive anti-dumping duty pursuant to sunset review
  • Castings for wind operated electricity generators from China – India imposes definitive Countervailing duty
  • Corrosion-Resistant Steel Products from India – USA determines preliminary dumping margin at 6.64 - 6.92 per cent
  • Caustic Soda from Iran, Saudi Arabia and USA – India initiates anti-dumping mid-term review
  • Elastomeric Filament Yarn from China, South Korea, Taiwan and Vietnam – India initiates anti-dumping investigation
  • Hydrogen Peroxide from Bangladesh, Taiwan, Korea, Indonesia, Pakistan and Thailand – India initiates anti-dumping investigation


WTO News

  • EU disputes Colombia’s measures on spirit imports
  • Colombia files appeal in dispute with Panama on import tariffs
  • EU fasteners - Appellate Body holds injury determination as inconsistent with ADA
  • United States submits compliance report in dispute involving CVD measures against imports of Hot-Rolled Carbon Steel Flat Products from India
  • Chinese subsidies notification questioned by Canada, US and Japan


FTA News

Trans Pacific Partnership Agreement signed by 12 countries - EU pursues Trans-Atlantic Trade and Investment Partnership Agreement (TTIP) with USA


Ratio decidendi

Re-opening of anti-dumping investigation – European Court of Justice has held that even in the absence of provisions expressly providing for reopening an investigation after an anti-dumping regulation has been declared invalid by the Court, regulation enacted after re-opening the investigation was not invalid.


February, 2016/Issue-57 February, 2016/Issue-57

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