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April 2019

International Trade Amicus: March 2019


US withdrawal of GSP benefits for India
by Bhargav Mansatta

India is a beneficiary country under the GSP regime of United States. The article in this issue of International Trade Amicus discusses the implications of US Trade Representative’s recent conclusion that India does not provide reasonable and equitable market access and has therefore failed to meet the eligibility criteria as provided in the statute. Preamble to WTO Agreement notes the need for ‘positive efforts’ to ensure developing countries secure a share in growth in international trade commensurate with their economic needs for development. Thus, non-reciprocity is the very essence of GSP system. Withdrawal of GSP benefit will also result in discrimination between developing countries which are in similar situation. Further, US cannot unilaterally determine what type of ‘trade barriers’ are acceptable to it. Many of these so-called trade barriers, for example high import tariffs, are well within India’s scheduled commitments under WTO. As of now, India has downplayed the impact of the announcement of withdrawal of GSP benefits by the US. If India wishes to fight back, a formal WTO dispute is the clear way forward...

Trade Remedy News

  • Acetone from European Union, Singapore, South Africa and USA - Final Findings issued by India in sunset review recommending continuation of anti-dumping duties
  • Carbon and Alloy Steel Threaded Rod from India - Initiation of CVD and less-than-fair-value investigations by USA
  • Jute Sackings Bags from Bangladesh - Final findings by India in anti-circumvention investigation. ADD recommended to be imposed on jute sacking cloth
  • Large Diameter Welded Pipe from India - ADD and CVD Orders issued by USA
  • Polyethylene Terephthalate Film, Sheet, and Strip from India - Final Results of ADD and CVD Administrative Review; 2016-2017 issued by USA
  • Saturated Fatty Alcohols from Indonesia, Malaysia, Thailand and Saudi Arabia - Provisional assessment of imports from specific entity, by India
  • Soda Ash from Turkey and Russia - Final Findings issued by India in sunset review recommending non-extension of anti-dumping duties
  • Textured Tempered Coated and Uncoated Glass from Malaysia - Definitive anti-dumping duty imposed by India

WTO News

  • Brazil, Australia and Guatemala dispute India’s support to sugarcane and sugar
  • Chinese agricultural subsidies violate WTO provisions: Panel report
  • Tunisia initiates WTO complaint against Moroccan duties on exercise books
  • Safeguard investigations by Philippines, South Africa and Russia
  • India Customs & Trade Policy Update
  • Advance Authorisation, EPCG and EOU - IGST and Cess exemption extended
  • Transport and Marketing Assistance scheme for agriculture produce approved
  • SEZ – Value of indigenous inputs not includible in net forex earning
  • Trust can also establish SEZ – SEZ (Amendment) Ordinance promulgated

Ratio decidendi

  • Anti-dumping duty – Locus standi for appeal against regulation imposing ADD – Capacity as exporter essential – Court of Justice of European Union
  • Anti-dumping duty – Duty drawback adjustment in normal value as circumstance of sale adjustment - US Court of International Trade
  • Anti-dumping duty not to be imposed on second hand machinery - CESTAT Chennai
  • Valuation – Demurrage not includible – Explanation to Valuation Rule 10(2) is bad –Orissa High Court

March, 2019/Issue-93 March, 2019/Issue-93

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