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March 2016

International Trade Amicus: November 2015

Article in this November 2015 issue of International Trade Amicus discusses the issue of ‘Date of expiry of definitive anti-dumping duty’. In this article the author deliberates as to from which date the period of 5 years should be reckoned for determining the date on which definitive anti-dumping duty would expire, in case no sunset review is conducted before such expiry.

Like the previous issues, this issue of Amicus includes trade remedy measures taken by India as well as those taken against India. WTO News section covers important updates like EU and US questioning India’s policy limiting entry of apples through one port only. DSB Panel has been established to study Indonesia’s Safeguard measures on steel. Further, Chinese ADD investigation procedure has been held as violative of WTO Agreement and Ukraine has filed dispute against Russia over import of railway equipment.

Ratio decidendi portion in this Amicus summarizes a decision of US Court of International Trade holding that the US Department of Commerce’s practice that at the time of the underlying review, an allegation of targeted dumping has to be made at a reasonable time prior to issuance of preliminary determination, is valid. Further, US Court has held that merely because the A-A methodology did not result in a significant dumping margin and the A-T methodology did, it does not necessarily follow that the statute permits the application of A-T to determine dumping margin.

News Nuggets in this issue of International Trade Amicus brings to readers the information about USA’s lack of interest in renewing the Softwood Lumber Agreement (SLA) with Canada. It is believed that the move is attributed to Trans-Pacific Partnership deal (TPP) which was concluded last month.

 

November, 2015/Issue-54 November, 2015/Issue-54

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