June 2021, Issue - 120

June 2021 marks a significant milestone for International Trade Amicus, as we celebrate our 10th Anniversary issue. This monthly newsletter was introduced with a purpose; to deliver regular insight to our readers on the latest developments in Trade Law and Regulation; as well as address the various nuances of international agreements, compliance related concerns and allied topics. Through International Trade Amicus, we at Lakshmikumaran and Sridharan Attorneys have endeavoured to share our knowledge and experience in a broad array of laws ranging from Customs, WTO law, Foreign Trade Policy, laws governing Special Economic Zones and Free Trade Agreements. It brings me great pleasure to commemorate the 10-year journey of this knowledge base. I take this opportunity to thank our professionals whose regular contributions have made this achievement possible. Most importantly, I am grateful for the pleasure of serving our readers and thank you, for your support and patronage. With a decade gone by, I look to the one ahead, with even more zeal and enthusiasm, to continue this unwavering commitment to knowledge sharing.

- V. Lakshmikumaran

Article

Revision in requirements for applications by the domestic industry - A balancing act by DGTR

By Neeraj Chhabra

The article in this 10th Anniversary issue of International Trade Amicus discusses some of the new requirements made applicable by the Trade Notice No. 04/2021 dated 16 June 2021 issued by the DGTR to further streamline the process for AD/CVD applications filed by the domestic industry. Highlighting some of the salient features of the Trade Notice, the article discusses at length the change relating to the gap between the proposed Period of Investigation and filing of application, which was revised to 4 months in April this year and again reiterated now. The author in this regard points out certain practical challenges in filing of application by the domestic industry within a span of 4 months. He suggests that considering the time-sensitive nature of the investigation process, the DGCI&S may be requested by the DGTR to expedite providing the import data...

Trade Remedy News

• Aluminium foil 80 microns and below from China PR, Malaysia, Thailand and Indonesia – Indian authorities recommend definitive anti-dumping duty
• Aluminium Wire/Wire Rods above 7mm dia from Malaysia – Indian authorities recommend definitive countervailing duty
• Ammonium Nitrate from Russia, Georgia and Iran – India initiate sunset review of anti-dumping duty
• Carbazole Violet Pigment 23 from India – USA continues anti-dumping and countervailing duties after sunset reviews
• Clear Float Glass from Iran – India initiate sunset review of anti-dumping duty
• Cold-drawn mechanical tubing of carbon and alloy steel from India – USA corrects countervailing duty orders
• Cold-Rolled flat products of alloy or non-alloy steel from China PR, Japan, Korea RP and Ukraine – India extends anti-dumping duty till 15 December 2021
• Electrogalvanized Steel from Korea RP, Japan and Singapore – India initiate anti-dumping investigation
• Glazed/Unglazed Porcelain/Vitrified tiles in polished or unpolished finish with less than 3% water absorption from China PR – India extends anti-dumping duty till 31 December 2021
• Granular Polytetrafluoroethylene Resin from India – USA postpones preliminary determinations in the less-than-fair-value investigations
• Hot-rolled flat products of alloy or non-alloy steel from China PR, Japan, Korea RP, Russia, Brazil and Indonesia – India extends anti-dumping duty till 15 December 2021
• Jute products from Bangladesh and Nepal – India initiates sunset review of anti-dumping duty
• Methyl Acetoacetate from China PR – India continues anti-dumping duty after sunset review
• Mono Ethylene Glycols or MEG from Kuwait, Saudi Arabia and USA – India initiates anti-dumping investigation
• Natural Mica based Pearl Industrial Pigments excluding cosmetic grade from China – Indian authorities recommend definitive anti-dumping duty
• Oil country tubular goods from India – Canada initiates normal value review to update all normal values and export prices in respect of exports by Jindal Saw Ltd.
• Phenol from European Union and Singapore – India extends anti-dumping duty further till 31 October 2021
• Plain density fibreboard of thickness 6mm and above from Vietnam – India initiates sunset review of anti-dumping duty
• Polytetrafluoroethylene from Russia – India extends anti-dumping duty till 31 October 2021
• Resin bonded thin wheels from China PR – India initiates anti-dumping investigation
• Stainless steel cold-rolled flat products from India – European Union imposes provisional anti-dumping duty
• Steel products – European Union prolongs safeguard measures till 30 June 2024
• Textured tempered coated and uncoated glass from China PR – India initiates sunset review of anti-dumping duty
• Tyre curing presses from China PR – India extends anti-dumping duty till 30 November 2021

WTO News

• Australia-China disputes on the rise – Australia challenges Chinese duties on Australian wine while China complains of Australian duties on wind towers, deep drawn stainless steel sinks and railway wheels from China
• Chinese duties on Japanese stainless steel – Japan initiates dispute
• Safeguard investigations notified to WTO

India Customs & Trade Policy Update

• Plastic and used/worn clothes recycling units in SEZs/EOUs – Revised policy guidelines issued
• Potato imports from Bhutan allowed without licence till 30 June 2022
• Remdesivir injection and Remdesivir API’s exports relaxed
• Amphotericin-B injections’ exports restricted
• Pulses imports – India signs MoUs with Myanmar and Malawi
• Export authorisation for restricted items to be issued online

Ratio decidendi

• Anti-dumping duty – Application of country-wide NME rate to cooperating exporters – US Court of Appeals
• Quantitative import restrictions – Goods imported in excess of cap are prohibited goods – Supreme Court of India
• Valuation – Subvention payments not to be included in transaction value – CESTAT New Delhi

News Nuggets

• Applications for initiation of ADD and CVD investigations – Revised checklist prescribed
• Anti-absorption provisions for anti-dumping and countervailing duties – DGTR proposes draft amendments in Rules
• UK and Australia set to sign a Free Trade Agreement
• Airbus-Boeing dispute – USA and UK/EU agree to suspend retaliatory tariffs for 5 years