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November 2019

International Trade Amicus: October 2019

Article

Regional Comprehensive Economic Partnership (RCEP): India’s concerns
by Greetika Francis

The Regional Comprehensive Economic Partnership is slated for conclusion by November 2019. However, from India’s perspective, several issues like Investor-State Dispute Settlement, Rules of Origin and the proposed Auto-Trigger and Snapback Safeguard Mechanism under the trade remedies, remain unresolved. The author of the article in this 100th issue of International Trade Amicus points out that RCEP members appear to have had an adverse experience with ISDS with majority of cases against India, Japan and Korea and hence there is substantial speculation that ISDS clause would be dropped for now and will be introduced after some time. The author believes that India’s ability to safeguard against the same remains under question. On Rules of Origin, the author raises a question as to whether non-acceptance of stricter ROO would reopen market access negotiations. It is also stated that the added incentive to delay signing of the RCEP is also presented by the ongoing India-US Strategic Partnership...

Trade Remedy News

  • Acrylic Fibre from Thailand – India initiates anti-dumping duty sunset review
  • Acrylic Fibre from Belarus, Ukraine, European Union, Peru– Indian initiates Anti-dumping investigation
  • Choline Chloride in all forms from China, Malaysia, Vietnam – Indian initiates Anti-dumping investigation
  • Clear Float Glass from Malaysia - Indian initiates Countervailing duty investigation
  • Digital Offset Printing Plate from China, Japan, Korea RP, Taiwan, Vietnam - Preliminary Findings recommend imposition of provisional anti- dumping duty
  • Ductile Iron Pipes from China - Rescinds notification imposing definitive anti-dumping duty, pursuant to order of the Supreme Court
  • Electronic Calculators from China – India initiates sunset review anti-dumping investigation
  • Electronic Calculators from Malaysia – India initiates anti-dumping investigation
  • Faced Glass Wool in Rolls from China – India initiates anti-dumping investigation
  • Flat Products of Stainless Steel from Indonesia – India initiates countervailing duty investigation
  • Flat rolled product of steel, plated or coated with alloy of Aluminium and Zinc from China, Vietnam, Korea RP – India imposes provisional anti-dumping duty
  • Frozen Warmwater Shrimp from India – USA issues notice of final results of anti-dumping duty changed circumstances review
  • Glass Fibre and articles thereof from China – India initiates mid-term review investigation to examine product scope
  • High-Speed Steel of Non-Cobalt Grade from Brazil, China, Germany – India imposes definitive anti-dumping duty
  • Hot Rolled Flat Products of Stainless Steel- 304 grade from China, Malaysia, Korea RP – India initiates sunset review anti-dumping investigation
  • Jute Products from Bangladesh, Nepal – India’s DGTR issues final findings recommending imposition of anti-dumping duty on specified new shippers
  • Oil Country Tubular Goods from India – Canada issues notice of re-investigation and schedule for re-investigation
  • Paracetamol from China – India’s DGTR recommends discontinuation of definitive anti-dumping duty after third sunset review
  • Phthalic Anhydride from Korea RP – India initiates bilateral safeguard investigation under India-Korea Comprehensive Economic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017
  • Polyethylene Terephthalate from China – India initiates anti-dumping investigation
  • Quartz Surface Products from India – USA issues preliminary affirmative countervailing duty determination
  • Saturated Fatty Alcohols from Indonesia, Malaysia, Thailand, Saudi Arabia - India’s DGTR issues final findings recommending imposition of anti-dumping duty on specified new shippers
  • Single Mode Optical Fibre – India initiates safeguard investigation
  • Stainless Steel Bar from India – USA issues final results of administrative review of the anti-dumping duty order; 2017–2018

WTO News

  • Airbus subsidy dispute - USA allowed to impose countermeasures on EU
  • Panel established to review Turkish pharmaceutical measures – USA and Tunisia also request establishment of panels

India Customs & Trade Policy Update

  • Steel Import Monitoring System - DGFT clarifies
  • Manufacture and other operations in warehouse under Customs Section 65 clarified
  • Import and export of electronic cigarettes and parts or components thereof prohibited

Ratio decidendi

  • No late fee for delay in filing Bill of Entry where importer takes all efforts to clear goods within reasonable time
  • Prior contract for import does not affect validity of amendment to import policy
  • Valuation - Ship demurrage charges are not includible

News Nuggets

  • DGTR introduces online filing system, ARTIS
  • South Korea not to seek special treatment reserved for ‘developing country’

October, 2019/Issue-100 October, 2019/Issue-100

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