Article

Standing of applicant to constitute Domestic Industry – Standard of discretion

By Jharna Agarwal

Under Indian anti-dumping law and practice, the qualification of the applicant domestic producers to constitute the domestic industry is sometimes a contested issue. Examination of relevant jurisprudence shows that there is no straight-jacket formula to determine this issue, and this is often subject to the discretion of the Directorate General of Trade Remedies (‘DGTR’). 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. However, it remains to be seen whether this practice will evolve.

Trade Remedy News

• Aluminium foil upto 80 micron, excluding aluminium foil below 5.5 micron for non-capacitor application, from China PR – India’s DGTR recommends imposition of provisional anti-dumping duty
• Chlorinated Polyvinyl Chloride Resin (CPVC)-whether or not further processed into compound from China PR and Korea RP – India continues anti-dumping duty after sunset review
• Epichlorohydrin from China PR, Korea RP and Thailand – India’s DGTR recommends imposition of anti-dumping duty
• Hot rolled flat products of alloy or non-alloy steel from Vietnam – India initiates anti-dumping investigation
• Hot-rolled flat products of iron, non-alloy or other alloy steel from India – European Union initiates anti-dumping investigation
• Isopropyl Alcohol from China PR – India’s DGTR recommends imposition of anti-dumping duty
• Large Diameter Welded Pipe from India – USA schedules full five-year review of anti-dumping duty and countervailing duty
• Polyethylene terephthalate film, Sheet, and Strip from India – USA issues preliminary finding of receipt of countervailable subsidies from 1 January 2022 till 31 December 2022
• Silicomanganese from India – USA issues affirmative result of anti-dumping duty sunset review
• Sulphur Black from China PR – India’s DGTR recommends imposition of anti-dumping duty
• Thermoplastic Polyurethane (TPU) from China PR – India’s DGTR recommends imposition of anti-dumping duty
• Welded Stainless-Steel Pipes and Tubes from Thailand and Vietnam – India’s DGTR recommends imposition of anti-dumping duty

WTO News

• EU’s countervailing duty on electric vehicles from China – China initiates WTO dispute

FTA Update

• ASEAN – India looking for further tariff cuts in key items as part of review of India-Asean FTA
• Australia and India set for next CECA talks in November
• BIMSTEC – India has proposed preferential trade pact
• EU-India FTA – India to discuss carbon tax and deforestation regulations in next round of talks
• Malaysia, India elevate ties to comprehensive strategic partnership
• Oman-India free trade pact is at advanced stage
• UAE-India FTA – India seeking review of certain provisions

India Customs and Trade Policy Update

• Gold and silver jewellery/articles – AIR of Drawback reduced
• De-oiled rice bran – Export prohibited till 31 January 2025

Ratio decidendi

• Anti-dumping duty – Manufacturer – Mere mention of another company on sacks of imported goods is not sufficient to establish ‘manufacturer’ – CESTAT Ahmedabad
• Laser Imager, which is a film printer using heat, is classifiable under Customs Heading 9033 – CESTAT Chennai
• Aluminium circles embossed/affixed with stainless steel circles are classifiable under Customs Heading 7606 and not under Heading 7616 – CESTAT Chennai
• Classification of goods – Possible misuse after import is no criteria for classification – Provisional release allowed as investigation under process – CESTAT Mumbai
• Port restriction for import of new vehicles is not applicable for vehicles imported in completely knocked down (CKD) condition – CESTAT New Delhi