International Trade Amicus

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International Trade Amicus, September 2024

The article in this issue of International Trade Amicus briefly discusses the first anti-absorption investigation conducted by India on Polyethylene Terephthalate (‘PET’) imported from China PR. It briefly touches upon the concept of anti-absorption with a lucid example for understanding of the reader. Next, the article discusses few issues which arose in this anti-absorption investigation by India. The article closes by summarizing the implications of enforcing anti-absorption measures by India generally and, in particular, on PET. According to the author, this decision is expected to restore the protective benefits of the original anti-dumping duties imposed on PET imports, ensuring a level playing field for Indian producers.

International Trade Amicus, August 2024

The article in this issue of International Trade Amicus discusses some of the relevant jurisprudence on the issue of the DGTR’s discretion in determining the standing of a producer(s) under the relevant provisions. According to the author, since the DGTR most often takes the view that there is a need to balance the interests of the domestic industry with the interests of other parties, it leans in favour of upholding the qualification of sole domestic producers

International Trade Amicus, July 2024

The article discusses the legal basis for these agreements and assesses their compatibility with the broader principles of multilateral rule-making at the WTO. It considers Articles III and IX of the Marrakesh Agreement Establishing the WTO and observes that such plurilateral joint initiatives have neither been blessed by the Ministerial Conference nor by the broader WTO Membership.

International Trade Amicus, June 2024

The article in this issue of International Trade Amicus examines how the Cohen’s D test is utilized by the United States Department of Commerce (USDOC) for analyzing the existence of targeted dumping, which refers to a specific trade practice where exporters sell their goods at an export price differing significantly among different purchasers, regions or time periods. It elaborates on what is Cohen’s D test including its formula, and its application covering the steps for computing Cohen’s D and how the ratio of transactions passing or failing the Cohen’s D test is computed by the USDOC.

International Trade Amicus: May 2024

The article in this issue of International Trade Amicus discusses the European Union’s Carbon Border Adjustment Mechanism (CBAM), which, as per EU’s claims, has been designed to put a fair price on the carbon emitted while manufacturing the goods being imported into the EU.

International Trade Amicus: April 2024

The article in this issue of International Trade Amicus discusses the nature of transnational subsidies, in which a government of one country subsidizes a firm outside of its territory.

International Trade Amicus: March 2024

This article in this issue of International Trade Amicus intends to discuss different methodologies for comparing the export prices with the domestic selling prices in the chosen investigation...

International Trade Amicus: February 2024

The article in this 150th issue of LKS International Trade Amicus intends to provide an overview of some of the key issues for negotiation at WTO’s 13th Ministerial Conference and the importance of these issues for WTO Members.

International Trade Amicus: January 2024

This article intends to provide a year-end round up of the trade remedy investigations related initiations, final findings, and measures imposed by the Government of India. Providing...

International Trade Amicus: November 2023

The article in this issue of International Trade Amicus focuses on the implication of the recent judgement of the Court of Justice of the European Union (‘CJEU’) relating to the Non-Preferential Rules of Origin which are used to determine the origin of goods from a country not part of any trade agreements with the EU.

International Trade Amicus: October 2023

The article in this issue of International Trade Amicus analyses a recent DGTR Final Finding in an anti-dumping investigation concerning imports of ‘Metronidazole’ originating in or exported from China PR and focusses on the question of eligibility of a company as a domestic industry to file the anti-dumping application for the product under the extant anti-dumping law.

International Trade Amicus: September 2023

The article in this issue of International Trade Amicus discusses the recently notified European Union Deforestation Regulation (‘EUDR’), which is a set of comprehensive regulations targeting the imports and domestic production of products associated with deforestation.

International Trade Amicus: August 2023

The article in this issue of International Trade Amicus discusses elaborately the European Union’s Non-Preferential Rules of Origin, specifically focusing on Rules in the context of their assistance in effective implementation of trade remedial measures imposed by the EU.

International Trade Amicus: July 2023

The article in this issue of International Trade Amicus analyses the trade remedy circumvention provision when an unassembled, incomplete or unfinished article is imported and assembled, completed or finished in India or in some other country.

International Trade Amicus: June 2023

The WTO panel recently ruled against India’s import duty measures in relation to certain Information and Communication Technology (‘ICT’) goods, holding the measures as inconsistent with Articles II:1(a) and (b) of the GATT 1994.

International Trade Amicus: May 2023

The article in this issue of International Trade Amicus intends to bridge the awareness gap with respect to trade remedial investigations, and sensitize producers/exporters on certain aspects which will help prepare them for any potential trade remedial investigation.

International Trade Amicus: April 2023

The article in this issue of International Trade Amicus analyses a recent CESTAT decision relating to the threshold for considering a product within the scope of the product under consideration (‘PUC’) in anti-dumping investigations.

International Trade Amicus: March 2023

The article in this issue of International Trade Amicus discusses as to whether a government action in the form of an export restraint on the export of a product results in a subsidy to the domestic producers of downstream products.

International Trade Amicus: February 2023

The retrospective amendments proposed by the Finance Bill, 2023 to Section 9C and other related provisions of the Customs Tariff Act, 1975 have tried to resolve the dispute regarding powers of the CESTAT to entertain appeals against the Ministry of Finance’s refusal to impose the trade.

International Trade Amicus: January 2023

The article in this issue of International Trade Amicus elaborately analyses the recent imposition of definitive anti-dumping duty by the European Union on imports of fatty acid originating from Indonesia.

International Trade Amicus: December 2022

The WTO Panel has recently held that USA’s additional duties of 25% ad valorem on imports of steel products and 10% ad valorem on imports of aluminium products are inconsistent with various provisions of the General Agreement on Tariffs and Trade (‘GATT’), ...

International Trade Amicus: November 2022

In continuation of the article published last month, shedding light on the nature and extent of Western sanctions, the article in this issue of International Trade Amicus intends to discuss some of the salient aspects of the US sanctions regime as administered by the Office...

International Trade Amicus: October 2022

The Ukraine-Russia conflict has brought into focus the use of sanctions as an instrument to penalize. While sanctions as an instrument are well known among political and economic institutions in the West, comparatively little attention has been paid to Western sanctions by businesses in India.

International Trade Amicus: September 2022

Recently the Gujarat High Court in the case Real Strips v. Union of India had an occasion to decide the nature of powers exercised by the Ministry of Finance in deciding the imposition of countervailing duty.

International Trade Amicus: August 2022

The article in this issue of International Trade Amicus discusses elaborately the concept of reference-price based anti-dumping duty (‘ADD’). The author first explains the basic working of a reference-price based duty in the Indian context by way of an example.

International Trade Amicus: July 2022

The article in this issue of International Trade Amicus discusses the chapter on government procurement in the India-UAE Comprehensive Economic Partnership Agreement, which is India’s first such market access agreement (i.e., with government procurement chapter) with any country.

International Trade Amicus: June 2022

The WTO recently concluded its 12th Ministerial Conference. Contrary to the pessimistic expectations in the runup to the MC 12, the Conference has delivered a package of decisions which are being hailed as achievements in the WTO’s negotiating history.

International Trade Amicus: May 2022

India recently signed the Comprehensive Economic Partnership Agreement with the United Arab Emirates and the Economic Comprehensive Trade Agreement with Australia. The objective of the article in this issue of International Trade Amicus is to broadly provide an advisory perspective of comprehensive trade agreements for trade and industry in India.

International Trade Amicus: April 2022

Article 2.2 of the WTO’s Anti-dumping Agreement allows an investigating authority to reject the domestic selling prices for calculating the normal value in cases where, because of a ‘Particular Market Situation’ (‘PMS’), such domestic sales do not permit a proper comparison with the export price.

International Trade Amicus: March 2022

The article in this issue of International Trade Amicus discusses a recent decision of the Anti-dumping Bench of the CESTAT which examined the issue as to what is the standard of evidence that is required to be considered by an investigating authority in a sunset review.

International Trade Amicus: February 2022

The article in this issue of International Trade Amicus examines the recent Final Findings issued by the DGTR in the Mid-Term Review of countervailing duty on imports of Welded Stainless-Steel Pipes and Tubes (‘product under consideration’, ‘PUC’) from China PR and Vietnam.

International Trade Amicus: January 2022

International Trade Amicus: December 2021

The article analyses the recent decision of the CESTAT which has allowed an appeal against the Finance Ministry’s decision rejecting the Designated Authority’s recommendation to impose anti-dumping duty.

International Trade Amicus: November 2021

The article in this issue of International Trade Amicus elaborately analyses the recently introduced anti-absorption provisions under the anti-dumping and countervailing duty laws. Stating when an anti-dumping duty or countervailing duty could be considered to have been absorbed, ...

International Trade Amicus: October 2021

One of the foremost requirements in anti-dumping or countervailing duty investigation is to identify the scope of the ‘domestic industry’. Examining the definition of domestic industry, the article elaborates on why it is important to determine its scope. It also gives various recent examples of the varied practice of the DGTR while excluding or including the domestic producer in the scope of domestic industry.

International Trade Amicus: September 2021

The article in this issue of International Trade Amicus analyses a recent decision of the DGTR recommending extension of anti-dumping duty being imposed on ceramic tableware and kitchenware, excluding knives and toilet items from China to import of such goods from Malaysia. The DGTR had in the anti-circumvention investigation noted that there was a clear and distinct change in the pattern of trade of import of the subject goods into India from China and Malaysia.

International Trade Amicus: August 2021

The defining feature and the heart of any trade remedial investigation is the product under consideration (‘PUC’). Discussing various aspects of the practice of investigating authorities in defining the scope of the PUC and identifying the product exclusions, the article also probes the necessity for the interested parties to assist the investigating authority in clarifying the scope of the PUC.

International Trade Amicus: June 2021

June 2021 marks a significant milestone for International Trade Amicus, as we celebrate our 10th Anniversary issue.

International Trade Amicus: May 2021

The article in this issue of International Trade Amicus discusses the recent decision of the DGTR terminating the original investigation concerning imports of ‘Plain Medium Density Fibre Board having thickness 6mm and above’ produced by Kim Tin MDF Joint Stock Company, Vietnam.

International Trade Amicus: April 2021

The article in this issue of International Trade Amicus discusses the recent amendments by the Finance Act, 2021 in the Customs Tariff Act, 1975 to allow imposition of anti-dumping duty (‘ADD’) and countervailing duty (‘ CVD’) on goods removed from a Special Economic Zone to the Domestic Tariff Area.

International Trade Amicus: March 2021

The article in this issue of Tax Amicus attempts to discuss the dispute on the scope of distribution of electricity services by DISCOMs.

International Trade Amicus: February 2021

One of the changes proposed by the Union Budget 2021-22 is the introduction of anti-absorption provisions in the legal framework governing anti-dumping and countervailing duty investigations.

International Trade Amicus: January 2021

Anti-circumvention investigations are conducted in respect of anti-dumping measures that are already in force as on the date of initiation of the anti-circumvention investigation.

International Trade Amicus: December 2020

The article in this issue of International Trade Amicus intends to provide a brief overview of the legal framework in India and the trend of non-imposition of anti-dumping duty in certain cases.

International Trade Amicus: November 2020

An important facet of trade remedy investigations, especially, anti-dumping and countervailing duty investigations is that if a producer/exporter from the country facing such investigation fully ‘cooperates’, the investigating authority acknowledges this and awards a duty basis the data presented by such party.

International Trade Amicus: October 2020

The article in this issue of International Trade Amicus discusses at length the provisions relating to Mid-Term Review (‘MTR’) of anti-dumping measures.

International Trade Amicus: September 2020

The article in this issue of International Trade Amicus discusses an interesting proposition which arose in a recent dispute before the WTO’s DSB in the case United States - Tariff Measures on Certain Goods from China (DS543). Relying on Article 12.7 of the Dispute Settlement Understanding (‘DSU’), the United States had requested the Panel to not issue findings regarding the tariffs imposed by the United States on certain Chinese imports.

International Trade Amicus: August 2020

The European Union, like India, follows a lesser duty rule in case of anti-dumping investigations as is ‘desirable’ by the WTO’s Anti-Dumping Agreement.

International Trade Amicus: July 2020

Significant distortions methodology on imports from China as per Article 2(6a) of the EU’s amended Basic Regulation has been applied by the European Union in three original anti-dumping investigations.

International Trade Amicus: June 2020

The article in this issue of International Trade Amicus discusses at length the recently introduced provisions of ‘Significant Distortions Methodology’ by the European Union. The author elaborately analysis the few recent expiry reviews by EU wherein the EU authorities...

International Trade Amicus: May 2020

To overcome the issue of the alleged expiry of Paragraph 15(a)(ii) of the Chinese Accession Protocol and the probable illegality of the continuation of non-market economy methodology vis-à-vis China, the EU has amended its Basic Anti-dumping Regulation.

International Trade Amicus: April 2020

The recommendations and rulings of the WTO’s DSB are preferably to be adopted immediately after the concerned country communicates its intentions to implement them. However, if the same is not possible, the country is granted a ‘reasonable period of time’ for such implementation and subsequent compliance.

International Trade Amicus: March 2020

The article in this issue of International Trade Amicus analysis recent amendments made in the Customs Tariff (Identification, Assessment and Collection of Antidumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 in respect of circumvention provisions relating to anti-dumping duty. Circumvention is a mechanism used by companies to ‘avoid’ duties which are targeted against unfair imports.

International Trade Amicus: February 2020

Finance Bill, 2020 has proposed amendment to the provisions relating to Safeguard duty in order to expand the powers of the Central Government to implement a safeguard measure by the way of a tariff rate quota or any “other safeguard measure” it deems fit. The Tariff Rate Quota regime allows for imports to freely enter the country to fill the demand-supply gap which may exist in the country and on the other hand also protects the domestic industry and its market share by imposing a duty on impor

International Trade Amicus: January 2020

Article 2.2 of the WTO’s Anti-dumping Agreement allows the investigating authority of a country to reject domestic prices of the exporting country for the purposes of calculating normal value if the domestic sales of the like product do not permit a proper comparison based on certain factors. The article in this issue of International Trade Amicus discusses at length the recent Panel report of the DSB in the dispute involving imposition of anti-dumping duty by Australia on A4 copy paper from Ind.

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International Trade Amicus

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