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September 2019

International Trade Amicus: July 2019


Anti-dumping duty on imports of certain rubber chemicals - A Catch-22 situation for Designated Authority
by Neeraj Chhabra

Gujarat High Court has recently in the case of NOCIL Ltd. directed the Designated Authority to initiate the sunset review in case of imports of certain rubber chemicals and to extend the Notification No. 35/2014-Cus., pending such sunset review. But, interestingly, Delhi High Court vide its judgment in the case of Forech India Ltd. had earlier set aside the said Customs notification. So, there was no customs notification in force imposing anti-dumping duty on the said product when the domestic industry filed for the second sunset review. According to the author, if no anti-dumping duty is in force on the import of subject goods, the domestic industry is required to request for initiation of fresh anti-dumping investigation in accordance with Section 9A(1) of the Customs Tariff Act read with Rule 5 of the Anti-dumping Rules, 1995. The judgment of Gujarat High Court has created a very unusual situation for the Designated Authority and the Ministry of Finance…

Trade Remedy News

  • 2-Ethyl Hexanol (2-EH) from Saudi Arabia and Singapore – India initiates Anti-dumping duty investigation
  • 2-Propylheptyl Alcohol (2-PH) from European Union – India initiates Anti-dumping duty investigation
  • Chlorinated poly vinyl chloride resin from China PR, Korea RP – Indian authorities issue Preliminary Findings recommending provisional duties
  • Coated/Plated tin mill flat rolled steel products from European Union, Japan, USA, Korea RP – India initiates Anti-dumping duty investigation
  • Dimethylacetamide from China PR and Turkey – India initiates mid-term review limited to the product scope
  • Ductile iron pipes from China PR – India extends anti-dumping duty upto 09-10-2019 upon directions of the High Court of Gujarat
  • Ductile pipes (tubes and pipes of ductile cast iron) from India – European Union re-opens investigations following General Court judgments
  • Electrical insulators from China PR – Indian authorities recommend imposition of definitive anti-dumping duty
  • Flat rolled products of stainless steel from China PR, Korea RP, European Union, Japan, Taiwan, Indonesia, USA, Thailand, South Africa, UAE, Hong Kong, Singapore, Mexico, Vietnam, Malaysia – India initiates Anti-dumping duty investigation
  • Homopolymer of vinyl chloride monomer (suspension grade) from China PR and USA – Indian authorities recommend definitive anti-dumping after sunset review
  • Isononanol (INA) from European Union and Singapore – India initiates Anti-dumping duty investigation
  • Melamine from China PR – Indian authorities recommend individual anti-dumping duty margin pursuant to New Shipper Review
  • New / Unused pneumatic radial tyres used in buses and lorries/trucks from China PR – India imposes Countervailing duty
  • Nylon Multi Filament Yarn from China PR, Korea RP, Taiwan, Thailand – India initiates Anti-dumping duty investigation
  • Paracetamol from China PR – India extends anti-dumping duty upto 27-10-2019 upon directions of High Court of Gujarat
  • Polyester Textured Yarn from India – USA issues Preliminary Affirmative Determination of Sales at Less Than Fair Value and Postponement of Final Determination and Extension of Provisional Measures
  • Polystyrene of all types except expandable polystyrene from Iran, Malaysia, Singapore, Chinese Taipei, UAE, USA – India initiates Anti-dumping duty investigation
  • Purified Terephthalic Acid from Korea RP, Thailand – India imposes definitive anti-dumping after sunset review
  • Sheet glass from China PR – India initiates sunset review
  • Welded Carbon Steel Standard Pipes and Tubes from India – USA issues Preliminary Results of Antidumping Duty Administrative Review; 2017-2018

WTO News

  • Sugar catching up with steel at WTO – 3 disputes against India while Costa Rica launches safeguard investigation
  • Indian additional duties on US goods – USA initiates dispute
  • US measures for renewable energy sector violate WTO provisions
  • US compliance with countervailing duties ruling – Appellate Body issues report
  • Russia initiates WTO dispute against US dumping duties on steel
  • Panels to review US duties on Spanish olives, Indonesian compliance with chicken ruling

India Customs & Trade Policy Update

  • Countervailing duty to be imposed in cases of circumvention of said duty
  • Indian trade remedy measures – Changes proposed in safeguard, anti-dumping and countervailing duty measures
  • Penalty for obtaining and utilizing FTP instruments by fraud
  • Procedure relaxed for Transport and Marketing Assistance for specified agriculture products
  • Customs duty on reimport of jewellery exported under bond for exhibition
  • Provisional attachment of bank account

Ratio decidendi

  • Safeguard duty on solar cells – High Court vacates interim relief against levy - Gujarat High Court
  • Goods cleared for home consumption do not retain identity of imported goods - Gujarat High Court
  • Submission of EO Discharge Certificate is only a procedural condition - CESTAT Bangalore
  • Part of machine – Conditions for classification as ‘part’ – CJEU

July, 2019/Issue-97 July, 2019/Issue-97

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