01 January 0001

International Trade Amicus: June 2018

by Greetika Francis

Sunset Reviews - Timeline for filing of applications and issuance of notification imposing duties

Delhi High Court has recently held that extensions of anti-dumping duty post expiry of the duty in force, whether it be one-year extension in the interim of sunset review or five-year extension in view of likelihood of recurrence or continuation of dumping and injury to the domestic industry pursuant to a sunset review determination, are both impermissible. Referring to DGAD Trade Notice issued in 2011, it observed that requirement to adhere to timelines is an overriding feature of the anti-dumping duty regime and leniency shall not be shown in allowing delays in filing of application for sunset review. The judgment introduces valuable clarity in terms of the timelines for levy and collection of anti-dumping duties while it observes that thread of existing duty has to continue from the initial five year levy to the one year extended period of sunset review to the proposed five year period. It may be noted that DGAD has also issued Trade Notice No. 02/2017 on 12th December, 2017 wherein it introduced strict timelines for filing of petition seeking sunset review as well as timelines for DGAD action, leaving sufficient time for issuance of Customs Notification, where required.


Trade Remedy News

  • Carbon Steel Welded Pipe from India – Canadian authorities issue statement of reasons and expiry review determination
  • Castings for Wind Operated Electricity Generators from China – Indian authorities issue notification for re-examination of final finding pursuant to CESTAT Order
  • Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India – United States of America issues anti-dumping duty orders
  • Digital Offset Printing Plates from China – India rescinds definitive anti-dumping duty
  • Fine Denier Polyester Staple Fiber from India – US issues final affirmative determination of sales at less than fair value
  • Glycine from India – USA Postpones preliminary determinations of countervailing duty investigations
  • Grinding Media Balls from China and Thailand – Indian authorities issue final findings in sunset review recommending extension of duties for a period of five years
  • Hydrogen Peroxide from Bangladesh, Taiwan, Korea RP, Pakistan and Thailand – India re-imposes revised definitive anti-dumping duty
  • Jute Products from Bangladesh and Nepal – India issues notifications for Provisional assessment for certain New Shippers
  • Nonyl Phenol from Chinese Taipei – Indian authorities initiate sunset review investigation
  • Open mesh fabrics of glass fibres from India – EU revises Regulation extending ADD imposed on goods from China to goods from India
  • Sodium Dichromate from Russia, South Africa, Kazakhstan, Turkey – Indian authorities issue final findings terminating the investigation


WTO News

  • Canada, European Union and Mexico initiate WTO disputes against US steel and aluminium duties
  • EU files complaint against China’s protection of intellectual property rights
  • EU initiates new WTO compliance proceedings over Airbus subsidies
  • Local content requirement - Russia to end auto investment programmes on 1 July 2018 - Committee on Trade-Related Investment Measures also discusses increased LCR measures being taken by various countries
  • Panels established to rule on Indian export measures, US duties


India Customs & Trade Policy Update

  • Postal export of goods through e-commerce – New procedure prescribed
  • MEIS application for Project Exports – DGFT notifies procedure
  • Export Oriented Units – Domestic Tariff Area clearance of specified services covered as ‘goods’


Ratio decidendi

  • SAD refund not deniable if words in invoice differ from that in Notification – Karnataka High Court


June, 2018/Issue-84 June, 2018/Issue-84

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