Article

One step forward, two steps backward: Non-implementation of anti-dumping duty recommendations

By Neeraj Chhabra

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. It notes that after the final findings are issued by the Directorate General of Trade Remedies (‘DGTR’), it is the Ministry of Finance (‘MOF’) which has the discretion to determine to impose anti-dumping duty or not. The article also takes note of the jurisprudence regarding discretionary power of MOF and the recent trends in non-implementation of the DGTR’s recommendations. According to the author, the MOF has been playing a more active role recently in exercising its discretion in deciding whether to impose anti-dumping duty. Further, noting that now the MOF’s Office Memoranda on non-implementation are also being uploaded by the DGTR in its website, the author states that though such Office Memoranda generally do not indicate the reasons for such non-implementation, the public availability of these is a welcome step towards transparency...

Trade Remedy News

• Aluminum primary foundry alloy ingot from Malaysia – India initiates countervailing duty investigation
• Carbon Black from China and Russia – Indian authorities recommend continuation of anti-dumping duty after sunset review
• Caustic Soda from Japan, Iran, Qatar and Oman – India initiates anti-dumping investigation
• Choline Chloride from China, Malaysia and Vietnam – Indian Ministry of Finance decides to not impose anti-dumping duty
• Clear Float Glass from Malaysia – Indian authorities recommend definitive countervailing duty
• Cold-Rolled Flat Products of Stainless Steel from China, Korea RP, European Union, South Africa, Taiwan, Thailand and USA – Final findings in anti-circumvention (AD) investigation – DGTR confirms its earlier final finding recommending ADD prospectively
• Cold-Rolled Flat Products of Stainless Steel from China, Korea RP, European Union, South Africa, Taiwan, Thailand and USA – India extends anti-dumping duty till 31 January 2021
• Di Methyl Formamide from China and Saudi Arabia – Indian Ministry of Finance decides not to impose provisional anti-dumping duty
• Dichloromethane from China – India extends anti-dumping duty till 31 January 2021
• Dimethylacetamide from China and Turkey – India excludes from ADD the product of specified specifications for consumption in spandex yarn manufacturing
• Faced Glass Wool in rolls from China – Indian authorities recommend definitive anti-dumping duty
• Finished Carbon Steel Flanges from India – USA issues preliminary determination of receipt of countervailable subsidies by two entities
• Flat Rolled Products of Stainless Steel from China, Korea RP, European Union, Japan, Taiwan, Indonesia, USA, Thailand, South Africa, UAE, Hong Kong, Singapore, Mexico, Vietnam and Malaysia – Indian authorities recommend anti-dumping duty on goods from China, Korea RP, EU, Japan, Taiwan, Indonesia and Malaysia
• Float Glass of specified thickness from China – India extends anti-dumping duty till 6 February 2021
• Forged Steel Fittings from India – USA issues Countervailing duty and Anti-dumping duty orders
• Forged Steel Fluid End Blocks from India – USA issues final negative determination of sales at less than fair value and final affirmative Countervailing duty determination
• Front Axle Beam and Steering Knuckle for heavy and medium commercial vehicles from China – Indian authorities recommend continuation of anti-dumping duty after sunset review
• Grinding Media from India – Canada initiates Anti-dumping and Countervailing investigations
• Nylon Tyre Cord Fabric from China – India revokes anti-dumping duty imposed in 2015
• Phenol from South Africa – Indian authorities recommend continuation of anti-dumping duty after sunset review
• Phthalic Anhydride from Korea RP – India confirms provisional bilateral safeguard measure
• Polyethylene Terephthalate (PET Resin) from China – Indian authorities recommend definitive anti-dumping duty
• Polytetrafluoroethylene (PTFE) from Russia – Indian authorities recommend modification of anti-dumping after mid-term review
• Preserved Mushrooms from India – USA issues affirmative final results of expedited sunset reviews of ADD orders
• Textured Tempered Glass from Malaysia – Indian authorities recommend definitive Countervailing duty
• Toluene Di-Isocyanate from European Union, Saudi Arabia, Chinese Taipei, UAE – India imposes provisional anti-dumping duty

WTO News

• Australia initiates dispute against Chinese duties on Australian barley
• Indonesia appeals compliance panel report relating to Indonesian measures on chicken imports from Brazil
• E-commerce – Update on Joint Statement Initiative
• MSMEs – Informal Working Group endorses various recommendations and declarations

India Customs & Trade Policy Update

• Coal imports to be mandatorily prior-registered
• Faceless assessment – Mandatory uploading of supporting documents in e-Sanchit w.e.f. 15 January 2021
• COO issued with third party invoicing, under DFTP Scheme for LDC, for ‘wholly obtained goods’, acceptable
• Crude palm oil – BCD reduced

Ratio decidendi

• Anti-dumping duty on imports from China – Application of analogue country methodology by European Union after December 2016, correct – European Union’s General Court
• Seizure for overvaluation of exports – Valuation provisions to be considered at stage of confiscation and not seizure – CESTAT New Delhi
• Redemption of confiscated goods – No condition of re-export envisaged under Customs Act – Madras High Court