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Reference-price based anti-dumping duty: The Indian perspective
By Baratwaj Viswanathan
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. Thereafter the article focuses on various situations wherein this form of anti-dumping duty is most desirable, and situations under which reference-price form of duty may not be suitable. The article concludes with reference to other jurisdictions like the European Union, Australia, Canada and USA, wherein this form of ADD is levied, albeit with different names or methods of application. Highlighting the fact that such mechanism of levying ADD suffers from the shortcoming of becoming outdated due to price fluctuations, the author notes that hence the DGTR recommends imposition of duties for a short period of time. According to the author, possibly, the Indian authority in future may adopt the EU’s practice of linking the reference-price/benchmark prices to certain indices which would consider the subsequent price fluctuations...
Trade News Remedy
ATS-8 from China PR – Indian authority (DGTR) recommends imposition of anti-dumping duty
Barium Chloride from India – USA issues preliminary negative determination of sales at less than fair value
Cold-Rolled Steel Flat Products from India – USA continues anti-dumping and countervailing duty orders after sunset review
Corrosion-Resistant Steel Products from India – USA continues anti-dumping and countervailing duty orders after sunset review
Ofloxacin and its intermediates from China PR – DGTR recommends imposition of anti-dumping duty
Opal Glassware from China PR and UAE – India continues anti-dumping duty after sunset review
Polyethylene Terephthalate Film, Sheet, and Strip from India – USA notifies preliminary determination of provision of countervailable subsidies to SRF Limited
Resin Bonded Thin Wheels from China PR – DGTR recommends imposition of anti-dumping duty
Sodium Nitrite from India – USA issues preliminary affirmative determination of sales at less than fair value
Stainless Steel Wire Rods from India – USA issues affirmative sunset review of anti-dumping duty order
Steel Nails from India – USA notifies final affirmative countervailing duty determination and preliminary affirmative determination of sales at less than fair value
Textured Tempered Glass whether Coated or Uncoated from China PR – Indian Finance Ministry decides not to impose anti-dumping duty as recommended by DGTR
Ursodeoxycholic Acid (UDCA) from China PR and Korea RP – India imposes provisional anti-dumping duty
Welded carbon steel standard pipes and tubes from India – USA initiates circumvention inquiries on the anti-dumping duty and countervailing duty orders
Zinc coated (galvanised) steel from India – Australia continues anti-dumping duty and countervailing duty after continuation inquiry and also notifies exemption to certain categories of hot dipped zinc-aluminium-magnesium alloy coated steel coils
WTO NEWS
South Africa initiates WTO dispute complaint challenging EU citrus fruit measures
India Customs & Trade Policy Update
Food imports – Health certificate to accompany import consignment of milk, pork and fish and their products
Non-ferrous Metal Import Monitoring System (NFMIMS) – Advance registration not required – DGFT also clarifies various issues
Wheat or meslin flour (atta), maida, samolina (rava/sirgi), wholemeal atta and resultant atta – Exports prohibited
Rice exports to Europe – Date of requirement of certificate of inspection for exports to other than specified countries, postponed
Hexane, food grade – BIS certification not required on imports
Display assembly of cellular mobile phone along with any other part is not eligible for BCD @ 10%
Rules of Origin to prevail over CAROTA Rules
Ratio decidendi
SEIS benefits available even when no valid IEC number held at time of export of services – Bombay High Court
Aircraft imports – Non-scheduled (passenger) operator can carry out charter services and still be eligible for exemption under Notification No. 21/2002-Cus. – CESTAT Larger Bench
