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International Trade Amicus: November 2018


Indonesia - Iron or Steel Safeguards: Metallurgic jurisprudence on definition of a "Safeguard Measure"
By Bhargav Mansatta and Jayant Raghu Ram

A "safeguard measure" has to be one which violates a GATT obligation, and purpose of the violation should be for preventing or remedying injury to the domestic industry. Considering the recent report by the DSB panel and the Appellate Body in Indonesia - Iron or Steel Safeguards, it is seen that there is no requirement to conduct a safeguard investigation (for the purpose of imposing a safeguard duty) into imports of a product on which there is no tariff binding on the country initiating the investigation. Further, if a country does not have tariff bindings and the authority imposes a safeguard measure in the form of duties, it should not exempt developing countries to avoid violation of Article I:1 of the GSTT. If, however, a country does intend to exempt developing countries, then the safeguard measure should be in the form of a quota or any other quantitative restriction…

Trade Remedy News

  • Corrosion-Resistant Steel Products from India – USA issues notice of Court Decision not in harmony with the Affirmative Final Determination and Countervailing Duty Order
  • Corrosion-Resistant Steel Sheet from India – Canada issues Preliminary Determinations for anti-dumping duty
  • Di Methyl Formamide from China, Germany, Saudi Arabia – Indian authorities (DGTR) issues final findings recommending non-imposition of anti-dumping duty
  • Glycine from India – USA issues preliminary affirmative determination of Sales at Less Than Fair Value
  • Large Diameter Welded Pipe from India – USA issues Final Affirmative Countervailing Duty Determination
  • Normal Butanol or N-Butyl Alcohol from Saudi Arabia – Indian authorities re-issue final findings recommending non-imposition of anti-dumping duty
  • O-Acid from China – India extends anti-dumping duty to imports of Ofloxacin Ester from China
  • Polyester Textured Yarn from India – USA initiates Countervailing duty investigation
  • Polyester Textured Yarn from India – USA initiates Less-Than-Fair-Value Investigation
  • Purified Terephthalic Acid from Korea RP, Thailand – India initiates anti-dumping duty sunset review
  • PVC Suspension Grade Resin from China, Thailand, USA - India initiates anti-dumping duty sunset review
  • Stainless Steel Wires from India – European Union issues notice of expiry of anti-dumping measures
  • Uncoated Copier Paper from Indonesia, Thailand, Singapore – Indian authorities issue final findings recommending imposition of anti-dumping duty
  • Zeolite 4A (Detergent grade) from China - Indian authorities issue final findings recommending imposition of anti-dumping duty

WTO News

  • Thailand’s measures on imported cigarettes - Compliance panel report issued
  • Indian safeguard duties on steel products – Panel report issued
  • Moroccan duties on steel products from Turkey - WTO issues panel report
  • Pakistani duties on film, Korean duties on steel, US measures and members’ countermeasures on steel and aluminium - Panels established
  • Ukraine initiates dispute against Armenia, Kyrgyz Republic on steel pipe duties
  • Brazil initiates dispute against Chinese measures on sugar imports
  • Japan initiates dispute against Korean support for shipbuilders

India Customs & Trade Policy Update

  • In-bond manufacturing – India consolidates forms
  • DGFT consolidates list of documents required for export of restricted items
  • EPCG authorisations are now valid for 24 months instead of 18 months
  • Pharma exports – Track and Trace system for drug formulations postponed

Ratio decidendi

  • ADD new shipper review to be carried out on accelerated basis – Time limit to be read into Rule 22 – Madras High Court

November, 2018/Issue-89 November, 2018/Issue-89