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Notes from the WTO’s 12th Ministerial Conference – India saves the day
By Jayant Raghu Ram
The WTO recently concluded its 12th Ministerial Conference. Contrary to the pessimistic expectations in the runup to the MC 12, the Conference has delivered a package of decisions which are being hailed as achievements in the WTO’s negotiating history. The article in this issue of International Trade Amicus provides a broad analytical overview of the key contents of this Geneva Package. Analyzing the decisions on food security, the author points out how the Members have been left hungry for more. He also points out how the system has hanged once again while deciding on doing away with the e-commerce moratorium. The author highlights how the TRIPS waiver for vaccines is too late and too little. He notes that the initial proposal, which went well beyond vaccines and covered diagnostics, was watered down in the final decision. In respect of agreement on fisheries, the article highlights how the Hon’ble Indian Commerce Minister stood for India’s resource poor fishermen, highlighting the inequities in the fisheries industries in developing countries. According to the author, India must be crowned as the hero of the day for saving the WTO from risk of irrelevance and showing foresight and maturity in recognizing the importance of this multilateral body...
Trade News Remedy
Aluminium Primary Foundry Alloy Ingot from Malaysia – India’s Finance Ministry declines to accept recommendations of DGTR to impose countervailing duty
Ammonium Nitrate from Russia, Georgia and Iran – India’s sunset review of anti-dumping duty recommends discontinuing ADD on imports from Georgia and continue ADD on imports from Russia and Iran
Fluoro Backsheet excluding transparent backsheet from China PR – India imposes definitive anti-dumping duty
Hydrogen Peroxide from Bangladesh, Taiwan, Korea RP, Indonesia, Pakistan and Thailand – India rescinds notification imposing anti-dumping duty
Jute Yarn/Twine, Hessian fabric, and Jute sacking bags (Jute Products) from Bangladesh and Nepal – India extends anti-dumping duty till 30 November 2022
Low Density Polyethylene (LDPE) from Qatar, Saudi Arabia, Singapore, Thailand, United Arab Emirates and United States of America – India’s Finance Ministry declines to accept recommendations of DGTR for imposing anti-dumping duty
New/unused pneumatic radial tyres for buses and trucks from China PR – India extends anti-dumping duty till 17 December 2022
Rubber chemicals - TDQ from China PR, EU and Russia; PVI from China PR; and CBS from China PR and EU – India’s Finance Ministry declines to accept recommendations of DGTR for imposing anti-dumping duty
Saccharin from China PR – India notifies provisional assessment for countervailing duty for imports from Thailand, pending anti-circumvention investigation
Styrene-Butadiene Rubber (SBR) from European Union, Korea RP, and Thailand – India extends anti-dumping duty till 31 October 2022
Toluene Di-Isocyanate (TDI) from China PR, Japan, and Korea RP – India extends anti-dumping duty till 27 September 2022. Meanwhile sunset review has recommended continuation of anti-dumping duty
Barium Chloride from India – USA notifies preliminary affirmative countervailing duty determination
New Pneumatic Off-the-Road Tires from India – USA notifies affirmative final result of sunset review of the anti-dumping duty order
Raw Honey from India – USA issues anti-dumping duty order
Sodium Nitrite from India – USA issues preliminary affirmative countervailing duty determination
Steel Nails from India – USA issues preliminary affirmative determination of countervailing subsidies
Sulfanilic Acid from India – USA issues final results of sunset reviews and revocation of anti-dumping and countervailing duty orders issued
WTO NEWS
The ‘Geneva Package’ of WTO’s 12 Ministerial Conference – Highlights
India Customs & Trade Policy Update
Mega Power Projects – Exemption condition relaxed
SCOMET items/technology/software – Amendment in procedure for global authorisation for intra-company transfers
Chip import monitoring system clarified
Fish meat – India-Japan CEPA Rules of origin amended
Watermelon seeds import free till 30 September 2022
Ratio decidendi
Sunset review of ADD – Injury analysis – Level of future imports cannot be evaluated by considering only surplus capacity of producers who exported or participated in investigations – CESTAT Delhi
Anti-dumping duty – Continuation after sunset review – Not mandatory to issue notification under first proviso to Section 9A(5) during lifetime of earlier notification – CESTAT Delhi
Iron ore only crushed and screened without any special process cannot be classified as iron ore concentrate – CESTAT Mumbai
Pea protein powder, with less than 90% protein concentrate, classifiable under Heading 2106 – Customs AAR
