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Circumvention of Trade Remedy measures - A critical analysis of Indian provision
By Gopakrushna Das
The article in this issue of International Trade Amicus analyses the trade remedy circumvention provision when an unassembled, incomplete or unfinished article is imported and assembled, completed or finished in India or in some other country. Reiterating the provisions and after elaborately discussing the provisions relating to ‘change in pattern of trade’ and ‘nature of operations’, the article goes on to discuss the circumvention provisions as applicable in the European Union and the United States of America, with respect to assembly operations and processing activity. According to the author, it is imperative that the Indian Authority also considers a broader perspective for carrying out circumvention investigations. He states that the Authority, rather than relying on quantitative value addition criteria, may consider adopting a holistic approach to ascertain whether there is due cause and economic justification in the activity which will help in reducing hardship to genuine business carried out by an operator.
Trade News Remedy
Aluminium frame for solar panels/modules from China PR - India initiates anti-dumping investigation
Cold-drawn mechanical tubing of carbon and alloy steel from India - USA issues preliminary results of anti-dumping duty administrative review (continuation of ADD orders)
Flax yarn of below 70 Lea count from China PR - India’s DGTR recommends continuation of anti-dumping duty after sunset review
Forged steel fluid end blocks from India - USA determines net countervailable subsidy rate
Frozen warmwater shrimp and prawns from India - USA notifies initiation of ADD changed circumstances review
Frozen warmwater shrimp from India - USA continues anti-dumping duty orders after third review
Glycine from India - USA notifies determination of weighted-average dumping margins
Isobutylene- Isoprene Rubber (IIR) from China PR, Russia, Saudi Arabia, Singapore and USA - India initiates anti-dumping investigation
Meta Phenylene Diamine (MPDA) from China PR - India initiates anti-dumping duty sunset review investigation
Oxalic Acid from India - European Union initiates expiry review of anti-dumping measures
Paper shopping bags from India - USA notifies finding of reasonable indication of material injury in ADD and CVD investigations
Quartz surface products from India - USA notifies determination of weighted avg. margin as zero
WTO NEWS
USA’s anti-dumping and countervailing duties on ripe olives from Spain - Compliance panel established at EU’s request
Indonesia launches safeguard investigation on certain mineral wools
India Customs & Trade Policy Update
EPCG scheme - Condonation of delay in submission of installation certificate
Rice - Export of non-basmati white rice prohibited
Gold imports made ‘restricted’ - Imports by SEZ still ‘free’
Food supplements containing botanicals - Policy conditions for export to EU and UK notified
De-oiled rice bran - Export prohibited till 30 November 2023
Potato imports from Bhutan allowed till 30 June 2024
India-Japan CEPA - HS Code mentioned in Certificate of Origin needs to be corelated to that mentioned in Bill of Entry
Ratio decidendi
Anti-dumping duty - Timelines for Union of Inda to decide on recommendations of Designated Authority - Time for which Court orders were operable to be excluded - Delhi High Court
