Article

Quality Control Orders – The recent surge and challenges

By Saurabh Malpani

The article in this issue of International Trade Amicus discusses the recent surge in Quality Control Orders and the various challenges being faced by the industry. It highlights the fact that at present there are 346 categories of goods under mandatory compliance of prescribed standards and that more than 250 have been notified only since last year. Discussing the provisions of the Foreign Trade Policy and WTO’s GATT 1994, it observes that if a product manufactured in India is subjected to compliance with mandatory standards, the said product if imported would also need to comply with those standards. Deliberating upon the challenges being faced by the industry, the author notes that at present import of raw material for use in manufacture of finished goods which would be exported, is also being denied if the import is not in compliance of the quality control order. Discussing the applicability of such Orders on stock in hand on the date of implementation of such Order, the author observes that in Australia a transition period is provided to assist with the changeover to the new/amended mandatory standard. According to the author, the provisions need appropriate changes to cater to the emerging issues...

Trade Remedy News

• 2-Ethyl Hexanol from European Union, Indonesia, Korea RP, Malaysia, Taiwan and USA – India continues definitive anti-dumping duty after sunset review
• Barium Carbonate from China PR – India initiates second ADD sunset review investigation
• Black toner in powder form from China PR, Malaysia and Chinese Taipei – India imposes definitive anti-dumping duty
• Ciprofloxacin Hydrochloride from China PR – India imposes definitive anti-dumping duty
• Common Alloy Aluminium Sheet from India – USA issues affirmative final determinations in the countervailing duty (CVD) and final affirmative determination of sales at less than fair value
• Faced glass wool in rolls from China PR – India imposes definitive anti-dumping duty
• Glazed/Unglazed Porcelain/Vitrified tiles from China PR – India extends anti-dumping duty till 28 June 2021
• Granular Polytetrafluoroethylene (PTFE) Resin from India – USA issues affirmative preliminary determinations imposing anti-dumping duty
• Grinding media from India – Canada affirmative final determinations in the anti-dumping investigations
• Melamine from China PR – India extends anti-dumping duty till 31 March 2021
• Melamine from European Union, Japan, Qatar and UAE – India initiates original anti-dumping investigation
• N, N′- Dicyclohexyl Carbodiimide (DCC) from China PR – India initiates original anti-dumping investigation
• New pneumatic radial tyres of rubber for buses and lorries, with or without tubes and/or flaps from Thailand – India’s Finance Ministry decides not to impose anti-dumping duty
• New Pneumatic Radial Tyres with / without tubes and or flap of rubber (including tubeless tyres) having nominal rim dia above 16’ for buses and lorries from China PR – India terminates new shipper review of anti-subsidy investigation
• Phenol from European Union and Singapore – India extends anti-dumping duty till 7 June 2021
• Polyethylene Terephthalate resin with intrinsic viscosity of 0.72 decilitres per gram or higher from China PR – India imposes definitive anti-dumping duty
• Polytetrafluoroethylene from Russia – India’s Finance Ministry decides to not amend anti-dumping duty even after DGTR’s positive findings in mid-term review for enhancement of duty
• Polyurethane leather including any kind of textile coated one sided or both sided with Polyurethane from China PR – India initiates original anti-dumping investigation
• Preserved mushrooms from India – USA continues anti-dumping duty order
• PVC flex films from China PR – India initiates second sunset review of anti-dumping duty
• Some long fiber products made from polyester, from India – Vietnam extends the time limit for investigation and application of anti-dumping measures
• Stainless steel cold-rolled flat products from India – European Union mandates registration of imports
• Textured Tempered Glass from Malaysia – India imposes definitive countervailing duty
• Tubes and pipes of ductile cast iron from India – European Union initiates expiry review of anti-subsidy measures and anti-dumping measures
• Tyre curing presses for tyres from China PR – India extends anti-dumping duty till 30 September 2021
• Utility Scale Wind Towers from India – USA issues preliminary affirmative countervailing duty determination

WTO News

• Technical Barriers to Trade – 20 new specific trade concerns raised – Indian measures lead the table with 5 recent measures being questioned
• US duties on Korean products – USA appeals against panel report

India Customs & Trade Policy Update

• Online module introduced for adjudication, appeal and review proceedings under Foreign Trade (D&R) Act and Rules
• Online filing of applications for Non-Preferential Certificate of Origin
• Online applications for import authorisations for restricted goods

Ratio decidendi

• Suspension of customs clearance of alleged IPR infringing goods when not permissible beyond 14 days – Bombay High Court
• Countervailing duty – Verification process for excess remission – DA to seek information – CESTAT Anti-dumping Bench