Article
Differential pricing analysis in anti-dumping investigations: US Court ‘invalidates’ the use of Cohen’s D by the US DOC
The article in this issue of International Trade Amicus discusses the recent judgement of the U.S. Court for Federal Circuit in Marmen Inc. v. United States wherein the court ‘invalidated’ the application of Cohen’s D test and the implications of the ruling for exporters to the U.S. market. In the context, article traces the origins of this methodology in the WTO’s Anti-Dumping Agreement, its evolution over the years in USA’s context, and the road ahead after the Marmen Inc. judgement. According to the authors (Devinder Bagia and Rizwan Shah), the observable consequence of the latest ruling and consequent changes of methods by the USDOC clearly leads to a possibility of higher dumping margins for the exporters going ahead. They thus recommend a thorough analysis of the export prices variations between purchasers, regions and time periods and strategizing the ways to minimize the dumping margins.
Trade News Remedy
- Aniline from China PR – India continues anti-dumping duty after sunset review
- Brass Rod from India – USA initiates anti-dumping administrative review
- Clear Float Glass from Malaysia – India extends anti-dumping duty till 10 February 2026
- Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India – USA initiates anti-dumping administrative review
- Continuous Cast Copper Wire Rods from Indonesia, Malaysia, Thailand and Vietnam – India continues countervailing duty after sunset review
- Crystalline Silicon Photovoltaic Cells from India – USA initiates anti-dumping and countervailing duty investigations
- Freight Rail Couplers and Parts from India – USA initiates anti-dumping and countervailing duty investigations
- Glycine from India – USA initiates anti-dumping and countervailing duty Administrative Reviews
- Granular Polytetrafluoroethylene Resin from India – USA issues Preliminary results of sale at less than normal value in anti-dumping duty administrative review for period 1 March 2023 till 29 February 2024
- New Pneumatic Off-the-Road Tires from India – USA issues preliminary determination that countervailable subsidies were provided during 1 January 2023 till 31 December 2023 – CVD Administrative Review
- New Pneumatic Off-the-Road Tires from India – USA issues preliminary determination of sales at less than normal value from 1 March 2023 till 29 February 2024 – Anti-dumping duty Administrative Review
- Non-Refillable Steel Cylinders from India – USA initiates anti-dumping and countervailing duty administrative reviews
- Oil Country Tubular Goods from India – USA initiates anti-dumping duty and countervailing duty sunset reviews
- Oleoresin Paprika from India – USA initiates countervailing duty and less-than-fair-value investigations
- Organic Soybean Meal from India – USA issues preliminary determination that sale was made at less than normal value from 1 May 2023 till 30 April 2024 by Tejawat Organic Foods. Rescission, in Part, of Anti-dumping Duty Administrative Review; 2023-2024
- Overhead Door Counterbalance Torsion Springs from India – USA issues preliminary affirmative determination of critical circumstances in countervailing duty investigation and preliminary affirmative determinations of critical circumstances, in part, in the less-than-fair value investigations
- Quartz Surface Products from India – USA initiates anti-dumping administrative review
- Raw Honey from India – USA initiates anti-dumping administrative review
WTO News
- WTO releases 2025 Edition of World Tariff Profiles
- WTO reports strong growth in World Merchandise Trade for Q1 2025
India Customs & Trade Policy Update
- Steel imports – Mandatory QCO adherence requirement for input steel exempted for certain imports
- No mandatory warehousing for clearance of imported goods under Authorisation issued after the date of shipment
- India-Mauritius CECPA – Acceptance of electronic Certificate of Origin
- Plastic raw material importers to mandatorily register on centralized EPR Portal for plastic packaging
- Organic textiles – Transaction certificate not required at the time of export
India FTA Update
- India and UK sign landmark FTA-Comprehensive Economic and Trade Agreement (CETA)
Ratio decidendi
- Crimp pumps used for dispersal of medicaments is classifiable under Customs Heading 8413 and not under Heading 9616 – Supreme Court
- Lithium-ion batteries for manufacture of mobile phones are liable to IGST @ 12% from 1 April 2018 till 31 March 2020 – CESTAT New Delhi
- PVC Resin suspension grade is classifiable under Customs TI 3904 21 10 – CESTAT Kolkata
- India-Sri Lanka FTA – Non-mention of third-party invoicing in the Certificate of Origin is not material to deny benefit – CESTAT Mumbai
- FTA imports – Rejection of certificate of origin should be in consultation with the certificate issuing authority – CESTAT Prayagraj
