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Standard of review in sunset review investigation – CESTAT shines new light
By Devinder Bagia and Jayant Raghu Ram
The article in this issue of International Trade Amicus discusses a recent decision of the Anti-dumping Bench of the CESTAT which examined the issue as to what is the standard of evidence that is required to be considered by an investigating authority in a sunset review. Elaborating on the CESTAT’s key findings, the authors state that the CESTAT has established some critical jurisprudence regarding the standard of evidence that the petitioning industry is required to bring forward to justify its request to continue ADD in a sunset review. The CESTAT decision also puts the spotlight on the DGTR’s decision-making process. According to the authors, by holding that the DGTR was justified in holding, inter-alia, that there was no reliable evidence to justify likelihood, the CESTAT has validated the DGTR’s decision making as fair and reasonable...
Trade Remedy News
Aluminium Foil 5.5 Micron to 80 Micron from China PR – Indian authority (‘DGTR’) recommends continuation of anti-dumping duty after sunset review
Barium Chloride from India – USA determines reasonable indication of material injury in ADD and CVD investigations
Ceramic Tableware and Kitchenware, excluding Kitchen Knives and Toilet items from China PR – Indian authority recommends continuation of anti-dumping duty after sunset review
Cold-drawn mechanical tubing of carbon and alloy steel from India – USA issues preliminary affirmative countervailing duty determination in administrative review; 2020
Fine denier polyester staple fiber from India – USA issues preliminary determination in administrative review 2020 that countervailable subsidies were received by Reliance Industries Ltd.
Finished carbon steel flanges from India – USA issues final determination in Administrative Review 2019-20 of no sales at less than fair value
Fluoro Backsheet from China PR – India’s DGTR recommends definitive anti-dumping duty
Frozen warmwater shrimp from India – USA issues preliminary affirmative determination of sales at less than fair value, in Administrative Review; 2020-2021
Glass fibre and articles thereof from Bahrain and Egypt – Indian central government decides not to impose recommended anti-dumping
Glazed/Unglazed Porcelain/Vitrified tiles with less than 3% water absorption from China PR – India continues definitive anti-dumping duty after sunset review
Granular Polytetrafluoroethylene Resin from India – USA issues ADD and CVD Orders
Graphite electrode systems from India – European Union initiates expiry reviews for anti-dumping and anti-subsidy duties
Hydrogen Peroxide from Bangladesh and Thailand - Indian authority recommends continuation of anti-dumping duty after sunset review
Jute products from Bangladesh and Nepal – India extends anti-dumping duty till 30 June 2022
Melamine from EU, Japan, Qatar and UAE – Indian authority recommends definitive anti-dumping duty
N, N’-Dicyclohexyl Carbodiimide (DCC) from China – Indian authority recommends definitive anti-dumping duty
Oil country tubular goods from India – Canada Border Services Agency concludes a normal value review
Organic Soybean Meal from India – USA issues final affirmative countervailing duty determination and final affirmative determination of sales at less than fair value
Saccharin from China PR – Indian authority initiates anti-circumvention investigation for countervailing duty
Sodium Nitrite from India – USA determines reasonable indication of material injury in ADD and CVD investigations
Stainless steel bar from India – USA issues preliminary determination of sales at less than fair value, Administrative Review; 2020-21
Stainless steel cold-rolled flat products from India – European Union imposes definitive countervailing duties and amends definitive anti-dumping duty
Steel Nails from India – USA postpones preliminary determination in CVD investigation
Steel products – European Union adjusts safeguard measures after ban on imports from Belarus and Russia
Uncoated copier paper from Indonesia and Singapore – Indian central government decides not to impose recommended anti-dumping
WTO News
4 nations reach tentative consensus on TRIPS waiver for Covid-19 vaccines
EU challenges UK’s measures for allocation of contracts for difference in low carbon energy generation – Alleges violation of national treatment clause
India Customs & Trade Policy Update
Rice exports – Policy condition revised for exports to Europe
Hydrofluorocarbons – Import and Export Policies revised to ‘restricted’
Ratio decidendi
Sunset review of anti-dumping duty – Existence of sufficient factual material is mandatory to apply exception of continuation of duty – CESTAT Anti-dumping Bench
Non-consideration of unauthenticated market research report is correct – CESTAT Anti-dumping Bench
Non-submission of Exporters Questionnaire-Part II when not fatal – CESTAT Anti-dumping Bench
