01 January 0001

International Trade Amicus: March 2016


RTI Act & disclosure of information in anti-dumping investigation -

Disclosure of information by the Designated Authority in an anti-dumping investigation is regulated to a large extent by Rule 6(7) as well as Rule 7 of the Anti-dumping Rules. Though not making available the relied upon documents to the affected parties has been always condemned by Courts, interested party in such investigations finds it difficult to get information obtained by the Designated Authority from a third party. According to the author, Right To Information Act (RTI Act) may be the answer in this case. Pondering over various provisions of RTI Act, it is opined that where an application is made by any person, Designated Authority will have to disclose the information, if Section 8 and Section 11 of RTI Act are not attracted. The article concludes that with RTI Act coming into picture, a quasi-judicial authority may find it difficult to withhold publicly available information from the parties.


Trade Remedy News

  • Barium Carbonate from China – India recommends continuation of definitive anti-dumping duty after sunset review
  • Caustic Soda from Iran, Saudi Arabia and USA – India extends date for submission of Questionnaire Responses in ADD mid-term review
  • Cold Rolled Flat Products of Stainless Steel from China, Korea, EU, South Africa, Taiwan, Thailand and USA – India initiates ADD Anti-circumvention investigation
  • Phenol from European Union, Singapore and Korea RP – India imposes definitive anti-dumping duty
  • Hollow Structural Sections from India – Australia preliminarily affirms W. Avg. dumping margin at 13.7%
  • Silico-manganese from India – EU terminates Anti-dumping proceedings


WTO News

  • India’s domestic content requirements for solar products violate GATT provisions
  • India raises dispute over USA’s non-immigrant temporary working visa fees
  • Thailand initiates safeguard investigation on structural hot rolled H-Beam with alloy
  • Exemption available to goods cleared to the international competitive bidder for use in the mega power project — CESTAT Chennai


Statutory Update

  • India notifies new Rules to counter increase in imports from the member States of the Association of Southeast Asian Nations (ASEAN) under Preferential Trade Agreement


Ratio Decidendi

  • Scope of the product covered – US CIT has held that complete curtain wall, unitized, is to be excluded from the scope of ADD and CVD Order on aluminium extrusions as same are covered under sub-assemblies
  • WTO ADA when cannot be relied upon – Court of Justice of the European Union has held that WTO Anti-Dumping Agreement cannot be relied upon to contest legality of definitive regulation.


News Nuggets

  • India should undertake a review of its FTAs - Indian Economic Survey for 2015-2016
  • EU and Canada decide to include a new approach on investment protection and investment dispute settlement in the EU-Canada CETA


February, 2016/Issue-58 March, 2016/Issue-58

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