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Beyond territorial reach: Transnational subsidies and the evolving landscape
By Arpit Mehra
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. It explores whether these subsidies can be acted upon under the WTO’s Agreement on Subsidies and Countervailing Measures (SCM Agreement), and how certain countries such as the EU and the US are tackling these subsidies. According to the author, the current text of the SCM Agreement offers certain challenges in investigating transnational subsidies and their countervailability, however, other countries may be enticed to follow the EU and USA in countering the transnational subsidies notwithstanding the legal challenges which may come up in justifying such measures.
Trade News Remedy
Alloy steel chisel/ tool and hydraulic rock breaker in fully assembled condition from China PR and Korea RP - India’s DGTR recommends imposition of anti-dumping duty
Aluminium foil below 80 microns from Thailand - India initiates mid-term review of anti-dumping duty
Azo pigment from China PR - India initiates anti-dumping investigation
Boltless steel shelving units prepackaged for sale, from India - USA issues negative determination of sales at less than fair value between 1 April 2022 and 31 March 2023
Brass rod from India - USA final affirmative determination in less-than-fair-value investigation. POI was from 1 April 2022 till 31 March 2023
Ceramic tile from India - USA initiates anti-dumping and countervailing duty investigations
Decor paper from China PR - India initiates mid-term review of anti-dumping duty
Easy open ends of tin plate, including electrolytic tin plate (ETP), measuring 401 Diameter (99MM) and 300 Diameter (73MM) in dimension from China PR - India’s DGTR recommends imposition of anti-dumping duty
Effect pearlescent pigments or mica pearlescent pigments, excluding effect pigments for automotive applications from China PR - India initiates countervailing duty investigation
Epoxy resins from India - USA initiates anti-dumping and countervailing duty investigations
Fine denier polyester staple fiber from India - USA continues anti-dumping and countervailing duty order after sunset review
Flexible Slabstock Polyol from China PR and Thailand - India’s DGTR recommends imposition of anti-dumping duty
Frozen warmwater shrimp from India - USA issues preliminary affirmative countervailing duty determination
Granular Polytetrafluoroethylene Resin from India - USA issues preliminary determination of sale at less than normal value from 2 September 2021 till 28 February 2023 and preliminary determination that countervailing subsidies were provided between 6 July 2021 and 31 December 2022 to an entity
Insoluble Sulphur from China PR and Japan - India initiates anti-dumping duty investigation
Isobutylene-Isoprene Rubber (IIR) from China PR, Russia, Saudi Arabia, Singapore and USA - India’s DGTR recommends imposition of provisional anti-dumping duty
Linear Alkyl Benzene (LAB) from Iran and Qatar - India initiates anti-dumping investigation
Lined paper products from India - USA issues determination that ITC Ltd. made sales at below normal value while Navneet Education did not
Mattresses from India - USA amends preliminary affirmative determination in the less-than-fair-value investigation
Melamine from India - USA issues determination of material injury by sale at less than fair value and by subsidization
New Pneumatic Off-The-Road Tires from India - USA issues preliminary determination that countervailing subsidies were provided between 1 January 2022 and 31 December 2022 and preliminary determination of sale at less than normal value provided between 1 March 2022 and 28 February 2023
New pneumatic radial tyres for buses and lorries from China PR - India’s DGTR recommends continuation of countervailing duty after sunset review
Non-refillable steel cylinders from India - USA issues final affirmative countervailing duty determination and final affirmative determination in less-than-fair-value investigation. POI was from 1 April 2022 till 31 March 2023.
Pipe fittings from India - Türkiye continues anti-dumping duty after sunset review
Plastic Processing Machines from China PR and Taiwan - India initiates anti-dumping investigation
Polyester Textured Yarn from India - USA issues negative determination of sale at less than normal value between 1 January 2022 and 31 December 2022
Potassium Tertiary Butoxide (KTB) from China PR and USA - India initiates anti-dumping investigation
Pretilachlor and its intermediate PEDA from China PR - India initiates anti-dumping investigation
Sodium Cyanide (NaCN) from China PR, EU, Japan and Korea RP - India’s DGTR recommends imposition of anti-dumping duty
Sodium Tertiary Butoxide (STB) from China PR - India initiates anti-dumping investigation
Telescopic Channel Drawer Slider from China PR - India’s DGTR recommends imposition of provisional anti-dumping duty
Titanium Dioxide from China PR - India initiates anti-dumping investigation
Vitamin-A Palmitate from China PR, EU and Switzerland - India initiates anti-dumping investigation
WTO NEWS
EU’s import prohibitions on citrus fruits from South Africa challenged
USA’s Tax Credits under the Inflation Reduction Act challenged by China
Türkiye launches safeguard investigation on ethyl acetate
India Customs & Trade Policy Update
Melon seeds - Imports ‘Free’ from 1 May 2024
Rice - Export of 1000 MT of Kala Namak rice allowed - Export duty also exempted
Onions - Export of 2000 MT of white onions allowed
Onions - Export of specified quantity to Sri Lanka and UAE allowed
Yellow peas - Exemption from BCD and AIDC and relaxation in import policy extended
Isopropyl alcohol - Country-wise Quantitative Restrictions discontinued from 1 April 2024
Ratio decidendi
Electronic Control Unit, a printed circuit board, used for manufacture of Electronic Stability Control System for use in Anti-Lock Braking Systems is classifiable as part of automobile - CESTAT New Delhi
Menthol scented supari is classifiable under Chapter 21 and not under Chapter 08 - Madras High Court
Agriculture reaper is classifiable under Heading 8467 - CESTAT Chennai
Disodium Ribonucleotide is classifiable as food flavoring material under Tariff Item 2106 90 60 - CESTAT Chennai
Ground glass for manufacture of toothpaste is classifiable under Customs TI 3207 40 00 - CESTAT Mumbai
