Article

Retrospective imposition of anti-dumping duty in anti-circumvention investigations

By Jayant Raghu Ram and Shubhi Khare

Anti-circumvention investigations are conducted in respect of anti-dumping measures that are already in force as on the date of initiation of the anti-circumvention investigation. A question therefor arises as to whether the anti-dumping duty should be imposed retrospectively from the date of initiation of the anti-circumvention investigation or from the date of the issue of the final findings in the said investigation. The article in this issue of International Trade Amicus discusses the recent decision of the Designated Authority in Cold rolled flat products of certain stainless steel from China PR, Korea RP, European Union, South Africa, Taiwan, Thailand and USA. According to the authors, the Authority has rightly interpreted Rule 27 to hold that retrospective imposition of anti-dumping duty is not mandatory. However, the soundness of the reason, that there was absence of provisional assessment, for not imposing the duty retrospectively, may come under challenge. The article concludes by stating that the decision gives an insight into the DA’s mind in deciding when to impose anti-dumping duty retrospectively, especially in circumvention cases...

Trade Remedy News

• Aniline from China PR – Indian authorities (‘DGTR’) recommend definitive anti-dumping duty
• Black Toner in powder form from China PR, Malaysia and Taiwan – DGTR recommends definitive anti-dumping duty
• Carbon Black used in rubber application from China PR and Russia – Indian Finance Ministry decides not to continue anti-dumping duty as recommended by DGTR
• Ciprofloxacin Hydrochloride from China PR – DGTR recommends definitive anti-dumping duty
• Cold Rolled Flat Products of Stainless Steel from China PR, EU, South Africa, Taiwan, Thailand, USA and Korea RP – DGTR, after sunset review, recommends continuation of duty on imports from China PR and Korea RP only
• Di-Isocyanate from EU, Saudi Arabia, Chinese Taipei and United Arab Emirates – DGTR recommends definitive anti-dumping duty
• Dimethyl Formamide from China PR and Saudi Arabia – DGTR recommends definitive anti-dumping duty
• Flat products of stainless steel from Indonesia – DGTR recommends countervailing duty
• Glazed/Unglazed Porcelain/Vitrified tiles in polished or unpolished finish with less than 3% water absorption from China PR – India initiates anti-dumping sunset review
• Lined Paper products from India – USA issues preliminary determination of no shipment by two entities, during administrative review
• Melamine from China PR – India extends anti-dumping duty till 28 February 2021
• Methylene Chloride from China PR – DGTR, after sunset review, recommends continuation of modified anti-dumping duty
• Newsprint in rolls or sheets, excluding glazed newsprint from Australia, Canada, European Union, Hong Kong, Russia, Singapore, and United Arab Emirates – DGTR recommends anti-dumping duty, except on imports from Hong Kong
• Nonyl Phenol from Chinese Taipei – DGTR, after sunset review, recommends continuation of anti-dumping duty
• Nylon Filament Yarn (Multi Filament) from EU and Vietnam – DGTR’s anti-dumping duty mid-term review recommends change of scope of PUC and exclusion of certain BCF yarn
• Phenol from EU and Singapore – India initiates anti-dumping duty sunset review
• Phthalic Anhydride from Russia and Japan – DGTR’s anti-dumping duty sunset review recommends continuation of duty only for Russia
• Plain Medium Density Fibre Board having thickness of 6 mm or more from China PR, Malaysia, Thailand and Sri Lanka – DGTR’s anti-dumping sunset review recommends continuation of duty on imports, except from China PR
• Polytetrafluoroethylene (PTFE) from China PR – DGTR’s anti-circumvention investigation recommends imposition of anti-dumping duty on imports from Korea RP and on PTFE products from China
• Rubber Chemical PX-13 from China PR, Korea RP and USA – India’s Finance Ministry decides not to impose provisional anti-dumping as recommended by DGTR
• Soda Ash from Turkey – DGTR terminates countervailing duty investigation
• Soda Ash from Turkey and USA – DGTR recommends anti-dumping duty against non-cooperative producers/ exporters from Turkey
• Styrene Butadiene Rubber from Korea RP – DGTR recommends countervailing duty
• Viscose Spun Yarn from China PR, Indonesia and Vietnam – DGTR recommends definitive anti-dumping duty

WTO News

• Malaysia initiates dispute against EU palm oil measures
• Korea appeals panel report regarding Korean duties on Japanese steel
• Costa Rica initiates dispute against food import restrictions by Panama

India Customs & Trade Policy Update

• RoDTEP – Benefit available to all goods with effect from 1 January 2021
• Courier import and export of COVID-19 vaccines – Regulations revised
• Coal Import Monitoring System – Implementation date extended to 1 April 2021
• Skin and fur – Import Policy relaxed for few items
• Odoriferous preparations not operating by burning – Import Policy relaxed
• Rice export to European countries – Requirement of Certificate of inspection from Export Inspection Council or Export Inspections Agency revised
• Onions freely exportable with effect from 1 January 2021

Ratio decidendi

• Non-possession of BIS certificate will not make goods ‘prohibited’ – CESTAT Mumbai
• Penalty not imposable in the absence of mention of specific clause of Section 112 and mens rea – CESTAT Kolkata