17 April 2020

International Trade Amicus: February 2020


Tariff Rate Quotas: A balanced safeguard
By Divyashree Suri

Finance Bill, 2020 has proposed amendment to the provisions relating to Safeguard duty in order to expand the powers of the Central Government to implement a safeguard measure by the way of a tariff rate quota or any “other safeguard measure” it deems fit. The Tariff Rate Quota regime allows for imports to freely enter the country to fill the demand-supply gap which may exist in the country and on the other hand also protects the domestic industry and its market share by imposing a duty on imports which exceed the threshold. While the proposed amendment allows the Government to allocate the tariff rate quota to exporting countries having a substantial interest in supplying the article concerned, the author of the article notes that the WTO Appellate Body had in EC-Bananas observed that no law dictates the allocation of tariff rate quota to countries with no substantial interest, and therefore the quota must be uniform and non-discriminatory. According to the author, though more clarity on procedures will come once the Rules in this regard are notified, it is a welcome move as it protects the interests of both the domestic and the user industry…

Trade Remedy News

  • Acetone from Korea RP – India extends anti-dumping duty till 15-4-2020
  • Acrylonitrile Butadiene Rubber from Korea RP – India initiates sunset review of anti-dumping duty
  • Aniline from China – India initiates anti-dumping duty investigation
  • Black Toner in powder form from China, Malaysia and Taiwan – India initiates anti-dumping duty investigation
  • Carbazole Violet Pigment 23 from India – USA issues preliminary results of anti-dumping duty and countervailing duty Administrative Reviews
  • Carbon and Alloy Steel Threaded Rod from India – USA issues final affirmative countervailing duty determination and final affirmative determination of sales at less than fair value
  • Caustic Soda from China and Korea RP – India initiates sunset review of anti-dumping duty
  • Chlorinated Polyvinyl Chloride (CPVC) Resin from China and Korea RP – Indian authorities (DGTR) recommends definitive anti-dumping duty
  • Digital Offset Printing Plates from China, Japan, Korea RP, Taiwan and Vietnam – India imposes provisional anti-dumping duty
  • Float Glass from China – India initiates mid-term review to review product scope of anti-dumping duty
  • Float Glass from China – India initiates sunset review of anti-dumping duty
  • Flouroeslastomers from China – India initiates sunset review of anti-dumping duty
  • Nylon Filament Yarn (Multi Filament) from EU and Vietnam – India initiates mid-term review to review the product scope in anti-dumping duty
  • Purified Terephthalic Acid from China, Iran, Indonesia, Malaysia, Taiwan, Korea RP and Thailand – India revokes anti-dumping duty
  • Self-Adhesive Polyvinyl Chloride Film from China – India initiates anti-dumping duty investigation
  • Soda Ash from Turkey and USA – India initiates anti-dumping investigation
  • Sodium Nitrite from China – India revises anti-dumping duty
  • Steel products – European Union initiates review of safeguard measures
  • Toluene Di-Isocyanate from European Union, Saudi Arabia, Chinese Taipei and United Arab Emirates – India initiates anti-dumping investigation
  • Welded Carbon Steel Standard Pipes and Tubes from India – USA issues final results of anti-dumping duty Administrative Review

WTO News

  • Russian measures on imported railway equipment - Appellate Body issues report
  • US duties on Canadian paper - Appellate Body issues report
  • Korean support to shipbuilders - Japan files consultation request
  • Brexit - UK notifies WTO members of withdrawal from the EU

India Customs and Trade Policy Update

  • Important changes in anti-dumping, countervailing and safeguard provisions proposed/made in Budget 2020
  • Budget 2020 – Trade agreements – Procedure for administration of Rules of Origin proposed
  • Health Cess imposed on certain medical devices
  • Budget 2020 - Import prohibition to prevent injury to the economy of the country
  • Budget 2020 - Rates of Customs Duty revised for many articles
  • Export of garments and made-ups – RoSCTL scheme updated
  • Valuation of second-hand machinery – Procedure specified for inspection or appraisement
  • All Industry Rates of Duty Drawback revised

Ratio decidendi

  • Computation of Customs duty on goods auctioned after expiry of warehousing period – Supreme Court Larger Bench

february, 2020/Issue-104 February, 2020/Issue-104

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