International Trade Amicus: June 2020

Article

Implementation of Significant Distortions Methodology by EU in review of anti-dumping duty on exports from China

By Vikrant Nehra

The article in this issue of International Trade Amicus discusses at length the recently introduced provisions of ‘Significant Distortions Methodology’ by the European Union. The author elaborately analysis the few recent expiry reviews by EU wherein the EU authorities have concluded that there were significant distortions of prices and costs within the meaning of Article 2(6a)(b) of the EU’s Basic Regulation and it was not appropriate to use domestic prices and costs to establish the normal value. According to the author, even though there is withdrawal of presumption of non-market economy in anti-dumping duty investigations/reviews in respect of China, it appears that there will be no effective relief for China in fresh investigations/expiry reviews of anti-dumping duty...

Trade Remedy News

  • 1-Phenyl-3-Methyl-5-Pyrazolone from China – India imposes provisional anti-dumping duty
  • Acrylic Fibre from Thailand – India extends anti-dumping duty till 30-11-2020
  • Acrylonitrile Butadiene Rubber from China, EU, Japan and Russia – India initiates anti-dumping investigation
  • Aluminium Foil 80 micron and below from China, Indonesia, Malaysia and Thailand – India initiates anti-dumping investigation
  • Aniline or aniline oil from China – Indian authorities (DGTR) recommend anti-dumping duty in its preliminary findings
  • Black Toner in powder form from China PR, Malaysia and Chinese Taipei – Indian authorities recommend provisional anti-dumping duty
  • Ciprofloxacin Hydrochloride from China – Indian authorities recommend provisional anti-dumping duty
  • Coated/Plated Tin Mill Flat Rolled Steel Products from EU, Japan, USA and Korea RP – Indian authorities recommend definitive anti-dumping duty
  • Commodity Matchbox from India – USA issues affirmative sunset review of anti-dumping duty order
  • Electronic calculators from China – India continues anti-dumping duty consequent to sunset review
  • Electronic calculators from Malaysia – India imposes definitive anti-dumping duty
  • Flat rolled product of steel, plated or coated with alloy of aluminium and zinc from China, Vietnam and Korea RP – India imposes definitive anti-dumping duty
  • Flexible Slabstock Polyol from Singapore – India continues anti-dumping duty consequent to sunset review
  • Forged Steel Fittings from India – USA amends scope of preliminary affirmative CVD determination
  • Forged Steel Fittings from India – USA issues preliminary affirmative determination of sales at less than fair value
  • Hot Rolled Flat Products of Stainless Steel of ASTM Grade 304 from China, Malaysia, Korea RP – India extends anti-dumping duty till 04-12-2020
  • Measuring Tapes from China – Indian authorities recommend continuation of anti-dumping duty after sunset review
  • Nylon Tyre Cord Fabric from China – India extends anti-dumping duty till 11-12-2020
  • Oil Country Tubular Goods (OCTG I & II) from India – Canada issues notice of conclusion of re-investigations
  • Polyethylene terephthalate (PET) from India – EU amends countervailing duty implementing regulation
  • Polystyrene of all types except expandable Polystyrene from Iran, Malaysia, Singapore, Chinese Taipei, UAE and USA – Indian authorities recommends definitive anti-dumping duty
  • Polytetrafluoroethylene (PTFE) from China and Korea RP – India initiates Anti-Circumvention investigation concerning alleged circumvention of (i) anti-dumping duty imposed on imports from Russia by imports from Korea RP and (ii) anti-dumping duty imposed on imports from China
  • Prestressed Concrete Steel Wire Strand from India – USA issues affirmative sunset review of countervailing duty order
  • Quartz Surface Products from India – USA issues anti-dumping duty and countervailing duty orders
  • Rubber Chemical PX-13 from China, Korea RP and USA – India initiates anti-dumping investigation

WTO News

  • Indian import restrictions on peas, lentils, beans and other pulses questioned
  • WTO Panel finds Saudi Arabia’s measures violative of TRIPS
  • Australia’s Tobacco Plain Packaging provisions not violate WTO Rules – Appellate Body upholds Panel report
  • Safeguard investigations initiated across the globe – An update

India Customs and Trade Policy Update

  • Faceless Assessment – First phase of All India roll-out launched at Bengaluru and Chennai
  • LEO and eGatepass copy of shipping bill to be electronically transmitted – Printing of Shipping Bills discontinued
  • WTO committed in-quota tariffs on specified items notified
  • Paracetamol API and Hydrochloroquine API – Export Policy relaxed
  • Alcohol-based hand sanitizers – Export Policy relaxed
  • Tyres – Import policy tightened

Ratio decidendi

  • Valuation – Lower price from principal to compensate for marketing services, not wrong – CESTAT Bengaluru
  • Valuation – Value cannot be enhanced merely based on DGOV Circular – CESTAT Ahmedabad
  • Hot-rolled brass sheets classifiable under Heading 7407 covering bars and rods – Court of Justice of the European Union
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