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May 2017

International Trade Amicus: March 2017

Article

AD investigations – Rate of duty for non-cooperating exporters

Recent Panel Report in Canada–Welded Pipe has reinforced the disciplines for applying “facts available” standard under the WTO Anti-dumping Agreement and has clarified the extent of analysis expected from investigating authorities while applying the standard. The Panel has primarily expressed its concern on assigning the highest rate from a cooperative exporter to non-cooperative exporters without any comparative evaluation or assessment and on not providing any explanation in the determination. Noting that the practice of determining “all others duty” rate by the Designated Authority in India is no different, the author of article in this issue of Amicus is of the view the Indian provisions may not be consistent with the obligations under Article 6.8 of the AD Agreement. The author, for this purpose also takes into account the methodology of assigning duty rate to non-cooperating exporter in USA.

 

WTO News

  • Russia-EU disputes – Appellate Body partly upholds panel’s finding on Russian import restrictions on pigs, pork from EU, while Russia files another appeal against panel ruling on LCVs from EU
  • Indonesia files appeals against panel ruling on agricultural import measures, and against ruling on EU dumping duties on fatty alcohol
  • Panel established in Turkish complaint over Moroccan steel duties
  • Trade Facilitation Agreement on goods comes into force, while draft text for similar agreement on services submitted by India

 

Trade Remedy News

  • 1, 1, 1,2-Tetrafluoroethane or R-134a from China – India initiates new shipper review for anti-dumping duty
  • Aluminium Foil from China – Indian authorities recommend definitive anti-dumping duty
  • Cold rolled flat products of stainless steel widths from 600 mm to 1250 mm from China, Korea, EU, South Africa, Taiwan, Thailand and USA – Indian authorities extend last date in respect of anti-circumvention case
  • Flexible Slabstock Polyol from Thailand – Indian authorities recommend definitive anti-dumping duty
  • Graphite electrode systems from India – EU continues with anti-dumping duty and countervailing duty after sunset review
  • Indolinone - Unfinished form of Diclofenac Sodium (DFS) from China – Indian authorities recommend definitive anti-dumping duty in final findings issued in anti-circumvention investigation
  • Linear Alkyl Benzene from Iran, Qatar and China – Indian authorities recommend definitive anti-dumping duty
  • Methyl Ethyl Ketone or MEK from China, Japan, South Africa and Taiwan – India initiates anti-dumping investigation
  • Monoisopropylamine (MIPA) from China – India initiates anti-dumping investigation
  • New Pneumatic Off-the-Road Tyres from India – USA issues anti-dumping and countervailing duty Orders
  • Nylon Filament Yarn from China, Chinese Taipei, Malaysia, Indonesia, Thailand and Korea RP – India extends time for filing questionnaire response
  • Polyester Staple Fibre from China, Indonesia, Malaysia and Thailand – India initiates anti-dumping investigation
  • Resealable can end closures from India – Australia terminates anti-dumping investigations
  • Seamless tubes, pipes and hollow profiles of iron, alloy or non-alloy steel from China – India imposes definitive anti-dumping duty
  • Stainless steel wires from India – EU revises anti-dumping duty following partial interim review
  • Veneered Engineered Wooden Flooring from China, Malaysia, Indonesia and European Union – India initiates anti-dumping duty

 

Ratio decidendi

  • Anti-dumping duty – Consideration of analogous ME country when goods shipped through intermediate country – CJEU holds that the intermediate country can be considered as the exporting country for modules consigned from China but originating in a third country

 

March, 2017/Issue-70 March, 2017/Issue-70

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