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March 2017

International Trade Amicus: January 2017

Article

EU-Biodiesel: ‘Input Costs’ in Constructed Normal Value

WTO’s Appellate Body report in the dispute European Union - Anti-Dumping Measures on Biodiesel from Argentina (DS 473) is the topic for discussion in the article covered in this issue of International Trade Amicus. The Appellate Body has stressed the need to establish Constructed Normal Value on the basis of the exporters’ records, rather than resort to construction on another basis. Discussing various issues raised in the dispute, the author is of the view that the report provides definitive understanding on the Authority’s inability to deviate from the exporters’ records in the calculation of normal value, a practice that has seen booming usage, particularly with investigations involving non-market economy countries like China.

 

Trade Remedy News

  • Cast iron articles from India – EU initiates anti-dumping investigations
  • Colour coated/pre-painted flat products of alloy or non-alloy steel from China and EU – India imposes provisional anti-dumping duty
  • Jute Products from Bangladesh and Nepal – India imposes definitive anti-dumping duty
  • New Pneumatic Off-the-Road Tyres from India – US authorities determine final subsidy rates
  • Seamless tubes, pipes & hollow profiles of iron, alloy or non-alloy steel from China – Indian authority (DGAD) recommends imposition of anti-dumping duty
  • Soda Ash from China, EU, Kenya, Pakistan, Iran, Ukraine, USA, Turkey and Russia – Indian authorities rescind notifications imposing anti-dumping duties, however such rescission kept in abeyance till disposal of case before the Gujarat High Court
  • Stainless Steel Bar from India – USA initiates anti-dumping duty changed circumstances review
  • Sulfanilic Acid from India – US authorities determine affirmative findings in both ADD and CVD sunset reviews
  • Unwrought Aluminium (Aluminium not alloyed and Aluminium alloys) – Indian authorities recommend non-imposition of safeguard duty

 

WTO News

  • Japan files complaint against Indian measures on iron and steel imports
  • EU dumping duties on fatty alcohol from Indonesia – Panel report issued
  • Indonesian import restrictions on agricultural products held as violative of WTO provisions
  • Canadian dumping duties on imports from Chinese Taipei exporters with final de minimis margins of dumping, violate WTO provisions
  • US files appeal against panel ruling on tax breaks for civil aircraft production
  • China seeks consultation with US, EU over price comparison methodologies
  • Chinese tariff rate quotas on agricultural imports disputed by USA
  • Panels established in disputes over anti-dumping methods and rail equipment imports

 

Ratio decidendi

  • Anti-dumping investigation – Sufficiency of evidence of existence of dumping, injury or causal link, in complaint

 

January, 2017/Issue-68 January, 2017/Issue-68

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