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April 2018

International Trade Amicus: February 2018

by Bhargav Mansatta

Applicable time limit in Anti-dumping review proceedings

Three types of reviews are contemplated under the WTO Anti-dumping Agreement and the Indian Anti-dumping Rules, 1995. Question arises as to whether Rule 17 of the Anti-dumping Rules is applicable in all review proceedings. Considering Delhi High Court decision in respect of sunset review and mid-term review and judgement of Madras High Court relating to new shipper review, the author of article in this issue of International Trade Amicus concludes that for the purpose of conducting mid-term and sunset review proceedings, Rule 17 can be borrowed for extending the time limit by six months period, but said Rule is not applicable for new shipper review. It however notes that appeals against said decisions are pending before the Supreme Court and the Division Bench of the Madras High Court.

 

Trade Remedy News

  • Cast iron articles from India – European Union terminates anti-dumping investigation
  • Ceramic Tableware and Kitchenware, excluding knives and toilet items from China – India imposes definitive anti-dumping duty
  • Coated Paper from China, EU, USA – India initiates anti-dumping investigation
  • Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India – USA issues Countervailing duty Orders
  • Di Methyl Formamide (DMF) from China, Saudi Arabia, Germany - India initiates anti-dumping investigation
  • Flat Base Steel Wheels from China – India initiates sunset review
  • Flax Yarn from China – India initiates anti-dumping investigation
  • Fluoroelastomers (FKM) from China – India extends time for submission of questionnaire response till February 28, 2018
  • Glass Fibre from Thailand – India initiates ADD anti-circumvention investigation
  • Large Diameter Welded Pipe from India – USA initiates Countervailing duty investigation and Less-Than-Fair-Value Investigation
  • Melamine from EU, Iran, Indonesia, Japan – Indian authorities issue final findings in Sunset Review recommending termination of investigation
  • Meta-Phenylene Diamene-4-Sulphonic Acid (MPDSA) from China – India initiates anti-dumping investigation
  • Methyl Ethyl Ketone from China, Japan, South Africa and Taiwan – DGAD in India issues final findings recommending imposition of definitive ADD
  • Monoisopropylamine from China - DGAD in India issue final findings recommending imposition of definitive ADD
  • Polyester Staple Fibre from China, Indonesia, Malaysia, Thailand – DGAD issues final findings recommending termination of ADD investigation
  • Textured Tempered Glass from Malaysia – India initiates anti-dumping investigation
  • Toluene Di-Isocyanate-(TDI) from China, Japan, Korea RP – India imposes definitive anti-dumping duty
  • Veneered Engineered Wooden Flooring from China, Malaysia, Indonesia and EU – DGAD issues final findings recommending imposition of definitive ADD on goods from China, Indonesia and EU - Imports from Malaysia however held as not dumped
  • Welded Carbon Steel Pipes and Tubes from India – USA continues anti-dumping duty Orders after sunset review

 

WTO News

  • India requests compliance panel in solar dispute
  • EU and Russia seek consultations over compliance in pig products dispute
  • UAE disputes Pakistan’s anti-dumping measures on BOPP
  • Korea disputes US Anti-dumping and Countervailing measures

 

India Update

  • Certificate of Origin for specified imports from Japan – Time limit revised
  • Basic Customs Duty reduced on motor cycles
  • MEIS claims – Matching of Shipping Bill description mostly not required
  • Import of edible/food products – Import conditions revised
  • Finance Bill introduces Social Welfare Surcharge of 10% on imports
  • Customs Act – Scope to be expanded
  • TED Refund – Amendment in 2013 not retrospective

 

Ratio decidendi

  • Anti-dumping duty – Components of product whether separate like product – US CIT remands matter for reconsideration of “dedicated for use” and “value added” prongs of US International Trade Commission’s semi-finished products analysis

 

News Nuggets

  • WCO releases classification decisions taken in 60th session of HS Committee

 

February, 2018/Issue-80 February, 2018/Issue-80

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