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June 2019

International Trade Amicus: May 2019


Consequence of non-participation by India in CVD investigations conducted by USA
by Bhargav Mansatta

Government of the exporting country is also required to file response to the questionnaire issued by the investigating authority and provide necessary information. However, in many cases, the United States Department of Commerce has determined that Government of India did not provide complete information in response to the questionnaire issued by the USDOC. Considering number of Countervailing duty investigations by USA where complete information was not provided by the GOI, the article in this issue of International Trade Amicus concludes that GOI information and explanation of the program is necessary to determine the nature of subsidy programs and its countervailability in accordance with the provisions of the SCM Agreement as incorporated in the US Statute and as implemented by the USDOC. It also states that when the GOI does not provide details regarding the benefit provided to the mandatory respondent under the concerned program, the USDOC will rely on the actual information and data provided by the exporter for determining subsidy margin and countervailing duty rate for such co-operating exporter for the concerned program...

Trade Remedy News

  • Clear Float Glass from Pakistan, Saudi Arabia, UAE – India initiates ADD sunset review
  • Digital Offset Printing Plates from China, Japan, Korea RP, Taiwan and Vietnam – India initiates anti-dumping investigation
  • Ductile Iron Pipes from China – India extends Anti-dumping duty for a period of 45 days from 9th May, 2019 up to 23rd June 2019 in pursuance of the Order of the Gujarat High Court
  • Frozen Warmwater Shrimp from India – USA issues preliminary results of Antidumping Duty Administrative Review; 2017-2018
  • Glycine from India – USA issues final determination of sales at less than fair value and affirmative final determination of CVD investigation
  • Jute Products from Bangladesh – India issues Final Findings recommending continuation of residual rate of anti-dumping duties with respect to concerned New Shippers
  • New/Unused Pneumatic Radial Tyres from China – India issues Final Findings recommending continuation of residual rate of anti-dumping duties with respect to 3 concerned New Shippers
  • Polyester Textured Yarn from India – USA issues preliminary affirmative CVD determination
  • Saccharin from Indonesia – India imposes definitive anti-dumping duty
  • Stainless Steel Bar from India – USA issues preliminary results of Anti-dumping Duty Administrative Review; 2017-2018

WTO News

  • Japan disputes Indian tariff on telephone and parts
  • WTO issues panel report regarding Chinese tariff rate quotas on agricultural imports
  • EU releases joint statement on electronic commerce
  • Philippines submits request for observer status in WTO Committee on Government Procurement

India Customs & Trade Policy Update

  • Exports – New Shipping Bill Regulations introduced
  • SEZ - Management and Business Consultant services is authorized service
  • Exports – 250 shipping bills can now be filed online in single ANF 3D
  • Foreign Trade Policy - No requirement to submit physical copy of RCMC for incentives
  • Milk and milk products from China – Import prohibition extended

Ratio decidendi

  • Customs valuation - Rules 3 to 5 to be exhausted before going to Rule 7 & 9 – Supreme Court of India
  • Santa Clause suit comprising 9 pieces sold as set classifiable separately under respective headings – US Court of Appeals of Federal Circuit
  • Casings made of textile with plastic coating – Classification – US Court of Appeals of Federal Circuit

May, 2019/Issue-95 May, 2019/Issue-95

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