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To exclude or not to exclude: Practice on product exclusions
By Devinder Bagia and Jayant Raghu Ram
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. Stating that the article produced by the domestic industry needs only to be a ‘like’ article produced and sold in the period of investigation in commercial quantities, in case of allegation of material injury or threat of material injury, the authors note that investigating authority generally not entertains requests for exclusion based on alleged inferior quality. They also note that recently the authority excluded a specific grade of the product, citing user interest, from levy of anti-dumping duty as part of its final recommendation. Mentioning several instances, the authors point out that participation of importers/users in an investigation is also vital when requests for product exclusion is made. Lastly, noting that the scope of the PUC is usually not revised during review investigations (except specific mid-term reviews), they state that importers/users of the PUC must pay attention to the description of the scope of the PUC and make timely submissions...
Trade Remedy News
(4R-Cis)-1,1-Dimethylethyl-6-cyanomethyl-2,2-dimethyl-1,3-dioxane-4-acetate from China PR – India initiates anti-dumping investigations
Acrylonitrile Butadiene Rubber from China PR, EU, Japan and Russia – Indian Finance Ministry decides not to impose anti-dumping duty as recommended by DGTR
Barium Carbonate from China PR – Indian DGTR, after sunset review, recommends removal of anti-dumping duty
Clear Float Glass from Bangladesh and Thailand – India initiates anti-dumping investigation
Colour coated pre-painted flat products of alloy or non-alloy steel from China PR and EU – India initiates sunset review of anti-dumping duty
Copper & Copper alloy flat rolled products from China PR, Korea RP, Malaysia, Nepal, Sri Lanka, and Thailand – Indian Finance Ministry decides not to impose anti-dumping duty as recommended by DGTR
Elastomeric Filament Yarn from China PR, South Korea, Taiwan and Vietnam – India initiates sunset review of anti-dumping duty
Fine Denier Polyester Staple Fiber from India – USA issues preliminary results of anti-dumping duty administrative review; 2019-20
Glycine from India – USA preliminary results of countervailing duty administrative review; 2018-19 and preliminary results of antidumping duty administrative review; 2018-2020
Granular Polytetrafluoroethylene Resin from India – USA issues preliminary determination of countervailable subsidies
Phenol from EU and Singapore – Indian DGTR, after sunset review, recommends continuation of anti-dumping duty only on imports from EU
Plain medium density fibre board of thickness 6 mm and above from Vietnam – India extends anti-dumping duty till 13 March 2022
Plain Medium Density Fibre Board of thickness less than 6mm from Vietnam, Malaysia, Thailand and Indonesia – Indian Finance Ministry decides not to impose anti-dumping duty as recommended by DGTR
Polyethylene Terephthalate Resin from India – USA’s DOC issues affirmative sunset reviews of countervailing and anti-dumping duties
Polytetrafluoroethylene from Russia – India extends anti-dumping duty till 30 November 2021
PVC Flex Film from China PR – India extends anti-dumping duty till 31 January 2022
PVC Suspension Grade Resin from Japan – India terminates Bilateral safeguard investigation
Rubber Chemical PX-13 from China PR and Korea RP – Indian DGTR recommends definitive anti-dumping duty
Seamless Tubes, Pipes & Hollow Profile of Iron, Alloy or Non-Alloy Steel from China PR – Indian DGTR, after sunset review, recommends continuation of anti-dumping duty
Utility Scale Wind Towers from India – USA postpones final determination of sales at less than fair value investigation
Viscose stable fibre excluding bamboo fibre, dyed fibre, modal fibre and fibre retardant fibre from China PR and Indonesia – Indian DGTR, after sunset review, recommends withdrawal of anti-dumping duty
Wire Rod of alloy or non-alloy steel from China PR – India initiates sunset review of anti-dumping and extends ADD till 31 January 2022
Zinc Coated (Galvanised) Steel from India – Australia initiates exemption enquiry in anti-dumping duty
WTO News
EU seeks consultations with Russia on certain measures alleged to be part of Russian import substitution programme
EU alleges USA on continuation of transfer of anti-dumping and countervailing duties to US domestic industries
Moroccan anti-dumping duties on exercise books from Tunisia are inconsistent with WTO provisions
India Customs & Trade Policy Update
Rice exports – Requirement of Certificate of Inspection for export to specified European countries postponed
Palm oil – Customs duty reduced till 30 September 2021 while import restrictions relaxed till 31 December 2021
Covid – Specified inputs for medicines and raw materials for Covid test kits exempted
Lentils (masur) – Basic Customs duty and Agriculture Infrastructure Development Cess reduced on imports
Deemed exports – Module introduced for submission of specified applications online
SCOMET items – New online module introduced for filing applications for export authorisations
Maldives – Export of certain products allowed without restrictions
Ratio decidendi
Anti-dumping duty – Computation of normal value – Inclusion of SG&A costs incurred in first leg while supplying in domestic market through related company – European Union General Court
Notification mandating BIS standards mandatory – Andhra Pradesh High Court
Apple HomePod classifiable under TI 8517 62 90 based on ‘essential character’ test – Customs Authority for Advance Ruling
Drones having zoom-in and video recording facilities classifiable as ‘drones’ on application of GRI Rule 1 – Customs Authority for Advance Ruling
News Nuggets
Anti-dumping investigations – DGTR simplifies questionnaires for exporters, importers and user industry
WTO dispute brewing as Russia prohibits use of ‘Champagne’ in Cyrillic by foreign producers, instead asks to add ‘sparkling wine’
UK and Singapore start negotiations on digital trade agreement
