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Anti-absorption provisions – A new chapter in trade remedial investigations in India
By Sangam Grover
One of the changes proposed by the Union Budget 2021-22 is the introduction of anti-absorption provisions in the legal framework governing anti-dumping and countervailing duty investigations. The article in this issue of International Trade Amicus elaborately discusses the proposed amendment and deals with questions like what is absorption, what is the purpose of anti-absorption provisions and the relevant changes as proposed in the Sections 9 and 9A of the Customs Tariff Act, 1975. The author also highlights the difference in the anti-absorption provisions for anti-dumping duty and that proposed for countervailing duty. Since the DGTR may look to develop the legal framework governing anti-absorption investigations based on the laws in other jurisdictions, the article also discusses certain aspects of the EU’s anti-dumping framework. The author notes that while the anti-absorption provisions will tighten the mechanism for countering unfair trade practices, participation of the importer, related or unrelated, is very important, especially to understand the movement of domestic prices post the imposition of ADD/CVD...
Statute Update
Circumvention of anti-dumping and countervailing duties – Retrospective and provisional anti-circumvention measures
Reviews of anti-dumping and countervailing duties to be completed before expiry of levy
Trade Remedy News
1,1,1,2-Tetrafluroethane or R-134a from China – India initiates anti-dumping sunset review
Aniline from China – India imposes definitive anti-dumping duty
Carbazole Violet Pigment 23 from India – USA issues affirmative sunset review of countervailing duty
Flat rolled product of steel, plated or coated with alloy of Aluminium and Zinc from China, Vietnam and Republic of Korea – India suspends anti-dumping duty from 2 February 2021 till 30 September 2021
Granular Polytetrafluoroethylene (PTFE) Resin from India – USA initiates anti-dumping and countervailing duty investigations
High-Speed Steel of Non-Cobalt Grade from Brazil, China and Germany – India suspends anti-dumping duty from 2 February 2021 till 30 September 2021
Hot Rolled and Cold Rolled Stainless Steel Flat Products from China - India suspends countervailing duty from 2 February 2021 till 30 September 2021
l-Phenyl-3-Methyl-5-Pyrazolone from China – India’s DGTR recommends definitive anti-dumping duty
Methylene Chloride from China – India decides not to impose anti-dumping duty despite positive recommendation in sunset review
Phenol from Thailand and USA – India’s DGTR recommends definitive anti-dumping duty on imports from Thailand
Plastic Processing Machines from China – India initiates anti-dumping investigation
Polytetrafluoroethylene from Russia – India initiates anti-dumping duty sunset review
Preserved mushrooms from India – USA issues affirmative anti-dumping sunset review
Seamless tubes, pipes and hollow profiles of iron, alloy or non-alloy steel from China – India initiates anti-dumping duty sunset review
Stainless steel cold-rolled flat products from India – European Union initiates anti-subsidy investigation
Steering Knuckles from China – India continues anti-dumping duty after sunset review
Straight Length Bars and Rods of Alloy Steel from China – India suspends anti-dumping duty from 2 February 2021 till 30 September 2021
Viscose Staple Fibre from China and Indonesia – India initiates anti-dumping duty sunset review
Welded stainless steel pipes and tubes from China and Vietnam – India initiates Mid-term review to review the product scope of definitive Countervailing duty
WTO News
Indonesia’s export restrictions and preferential import duty exemption – DSB panel established on request of European Union
USA’s origin marking requirements on imports from Hong Kong – DSB panel established
India Trade Policy Review at WTO
India Customs & Trade Policy Update
Food Import Entry Points – General Notes in Import Policy revised
SEZ – Inspection of duty-free goods on de-bonding and filing of B/E on DTA clearance of imported goods
IEC provisions under Chapters 1 and 2 of Foreign Trade Policy revised
Job work allowed on goods imported under IGCR Rules, 2017
High Speed Rail Projects to be covered under Project Imports
Ratio decidendi
Correction of mistake or error in self-assessed bill of entry is permissible
Demurrage charges not payable when goods seized/detained by Customs authorities
