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July 2018

International Trade Amicus: May 2018

by Ankur Sharma

Understanding India’s WTO challenge to United States’ additional import tariffs on steel and aluminium articles

According to the principle of bound tariffs, WTO member countries are bound not to impose import tariffs more than what they commit to the WTO membership, subject to certain conditions under which they can impose tariffs in excess to that bound by them. Countries are also bound to offer the same treatment, including same tariff to all the countries (MFN clause). Recently USA imposed additional duties on imports of steel and aluminium while providing exemption from such duties to some countries, defending its measures primarily under Article XXI of the GATT covering security reasons. US may refer to the reports of the USDOC to justify that these products are critical to its essential security interests as both commodities have important defence applications. This dispute initiated by India against the USA will pose many interesting questions including whether the US measures are safeguard duties, or are essential for security interests, and whether the United States is facing an emergency in international relations.

 

Trade Remedy News

  • Cefadroxil Monohydrate from EU – Indian authorities reject initiation of Sunset Review investigation
  • Ceramic Rollers from China – India imposes definitive anti-dumping duty
  • Dioctyl Phthalate from Korea RP and Chinese Taipei – DGAD issues final findings terminating the ADD investigation
  • Ductile Iron Pipes from China - Indian authorities reject initiation of Sunset Review investigation
  • Ductile pipes (tubes and pipes of ductile cast iron) from India – European Union issues notice of initiation of a partial interim review of the anti-dumping measures (Anti-Absorption Investigation)
  • Epoxy Resins from China, European Union, Thailand, Taiwan, Korea RP – Indian authorities extend time for submission of questionnaire response till 4-6-2018
  • Ethylene Vinyl Acetate (EVA) Sheet for Solar Module from China, Malaysia, Saudi Arabia, South Korea, Thailand - Indian authorities extend time for submission of questionnaire response till 6-6-2018
  • Glass fibres (certain open mesh fabrics of glass fibres) from India – EU reopens exemption investigation concerning imports originating in China or consigned from India
  • Glycine from India – US ITC gives affirmative determination of material injury under dumping and subsidy investigation
  • High Tenacity Polyester Yarn from China – Indian authorities issue final findings recommending imposition of anti-dumping duty
  • Jute Products from Bangladesh and Nepal – India issues notification for provisional assessment for certain New Shippers during pendency of New Shipper Review
  • Meta-Phenylene Diamene-4- Sulphonic Acid (MPDSA) from China – India terminates anti-dumping investigation
  • Methylene Chloride from European Union and the United States of America – India initiates sunset review investigation
  • New/unused Pneumatic Radial Tyres from China – India initiates new shipper review
  • Non-Plasticized Industrial Grade Nitrocellulose excluding Nitrocellulose damped in Ethanol and Waterwet from Brazil, Indonesia, Thailand – India extends time for submission of questionnaire response till June 4, 2018
  • Nylon Filament Yarn from European Union, Vietnam – Indian authorities notify PCN methodology
  • Ofloxacin Ester / O-Acid from China – India initiates anti-circumvention investigation
  • Paracetamol from China – India initiates sunset review investigation
  • Peroxosulphates (Persulphate) from China – India extends Anti-dumping duties till May 14, 2019 consequent to initiation of sunset review
  • Polyethylene Terephthalate from India – EU initiates expiry review of countervailing measures
  • Polytetrafluoroethylene Resin from India – USA issues Final Affirmative Countervailing Duty Determination and Preliminary Affirmative Determination of Sales at Less Than Fair Value
  • Saturated Fatty Alcohols from Indonesia, Malaysia, Thailand – India imposes definitive anti-dumping duty

 

WTO News

  • India initiates WTO dispute against US steel, aluminium duties
  • Korea initiates WTO dispute against US Safeguard duties on washers, solar cells
  • EU subsidy duties on PET from Pakistan – WTO Appellate Body issues report
  • Appellate Body issues report on EU compliance in Airbus dispute
  • US countervailing duty dispute with China - US appeals against compliance panel ruling
  • Turkey launches safeguard investigation on iron and steel products

 

India Customs & Trade Policy Update

  • Directorate General of Trade Remedies created
  • Import restrictions on pulses expanded, while issue raised at WTO
  • Duty free import of certain inputs in specified sectors, restored
  • Customs Regulations for audit at premises of importer/exporter replaced
  • Foreign Trade Policy Appendix 3A – Scope of word ‘Duty’ clarified
  • SFIS/SEIS benefit available to actual service provider and not aggregators

 

Ratio decidendi

  • Anti-dumping duty review – Determination of normal value for exporters no longer eligible for MET – EU’s General Court annuls regulation finding violation of Article 11(9) of EU’s Basic Regulation
  • oreign Trade Policy benefit available even if Customs delay exemption notification – CESTAT Mumbai

 

May, 2018/Issue-83 May, 2018/Issue-83

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