Article

The WTO’s 13th Ministerial Conference - Finding Order in times of chaos?

By Jayant Raghu Ram

The article in this 150th issue of LKS International Trade Amicus intends to provide an overview of some of the key issues for negotiation at WTO’s 13th Ministerial Conference and the importance of these issues for WTO Members. It discusses in this regard various issues concerning the Agreement on Investment Facilitation and Development, the Agreement on Fisheries Subsidies, Permanent Solution for Public Stockholding for Food Security Purposes, WTO Dispute Settlement Reform, and the moratorium on electronic transmissions. According to the author, while negotiations at the WTO have become diverse and tougher, with the challenges at each subsequent Ministerial Conference getting bigger and more complex, nonetheless, it is important to achieve a positive outcome to break the cacophony created due to the geopolitical turmoil in different parts of the world.

Trade News Remedy

• Aluminum extrusions from India - USA postpones preliminary determinations in the Less-Than-Fair-Value investigation
• Brass rod from India - USA issues countervailing duty order
• Carbon steel welded pipe from India - Canada issues affirmative expiry review for anti-dumping duty and countervailing duty
• Cold-drawn mechanical tubing of carbon and alloy steel from India - USA continues anti-dumping duty and countervailing duty orders
• Finished carbon steel flanges from India - USA determines that Norma (India) Ltd. and R.N. Gupta & Co. Ltd. received countervailable subsidies during 1 January 2021 to 31 December 2021
• Forged steel fluid end blocks from India - USA issues preliminary determination that countervailable subsidies were provided to Bharat Forge Limited during 2022
• Large diameter welded pipe from India - USA initiates sunset review of anti-dumping and countervailing duties
• Melamine from India - USA initiates investigations and commencement of preliminary phase anti-dumping and countervailing duty investigations
• O-chloro-p-nitroaniline from India - China issues affirmative sunset review of anti-dumping duty
• Pentaerythritol from China PR, Saudi Arabia and Taiwan - India’s DGTR recommends imposition of anti-dumping duty
• Stainless steel bar from India - USA issues affirmative sunset review of anti-dumping duty
• Steel products - European Union initiates review for possible extension of safeguard measures
• Textured tempered coated and uncoated glass from Vietnam - India initiates countervailing duty and anti-dumping duty investigations
• Vitamin- A Palmitate from China PR, EU and Switzerland - India terminates anti-dumping investigation

WTO NEWS

• 13th Ministerial Conference at Abu Dhabi - Key highlights
• Indonesia initiates dispute against EU duties on imports of fatty acids
• USA held non-compliant with DSB ruling on US measures against Spanish ripe olives

India Customs & Trade Policy Update

• Merchanting trade within one specific foreign country, involving an Indian intermediary is allowed
• Rice, parboiled - Export duty extended beyond 31 March 2024
• Yellow peas - Exemption from BCD and AIDC extended beyond 31 March 2024 - Import Policy condition also revised
• Cotton, not carded or combed, of staple length exceeding 32.0 mm, exempted from BCD and AIDC
• Turkey meat, cranberries and blueberries - BCD reduced

Ratio decidendi

• ASEAN-India FTA - Absence of cost data from Malaysian exporter when not fatal for claiming benefit
• Swim seats, arm bands, etc., used by kids to remain afloat are classifiable under TI 9506 29 00 - Goods even used for fun and not competition are covered as sport equipment
• Scrap-veg-refuse is classifiable under Heading 2308 - Mere presence of starch content does not make the product potato starch