We are a family of strong 800+ people including 470+ professionals working from 14 locations across India.
We have a rich heritage and enduring legacy which are pivotal in shaping trust, excellence, and unparalleled legal expertise, thus building a strong reputation and a trusted brand.
We started in 1985 in a single room set up by the two founders with no prior experience of working in a law firm. Both the founders had outstanding academic records and focused on their deep understanding of the law to form the foundation of the firm.
Integrity, Knowledge and Passion are the principles that resonate with every member of our LKS family and the work that we do. These values drive us to build a community of legally sound professionals and well-serviced clients.
Everything we have accomplished over the last four decades is a result of our unique way of thinking which is deeply influenced by our core values and principles that define us.
We and our professionals consistently garner appreciation for the quality of our services and the depth of our legal expertise. This consistent acknowledgment serves as a testament to our unwavering commitment to exceed expectations.
Is export restraint a countervailable subsidy? - Strict to liberal approach
By Baratwaj Viswanathan
The article in this issue of International Trade Amicus discusses as to whether a government action in the form of an export restraint on the export of a product results in a subsidy to the domestic producers of downstream products. It elaborately analysis WTO Panel report in United States - Measures treating export restraints as subsidies and the Appellate Body report in the dispute United States- Countervailing duty investigation on dynamic random-access memory semiconductors (‘DRAMS’) from Korea, and discuss how the trade authorities in various jurisdictions like USA, European Union and India have dealt with this issue. According to the author, the answer to this question is not a simple yes or no, and a demonstrable link has to be established for determination of subsidy. The article concludes by stating that it will be interesting to see how the future WTO jurisprudence develops on the legal standard of ‘responsibility’ or ‘authority’ laid down in the appellate body report.
Trade News Remedy
Barium Chloride from India - USA issues countervailing duty order
Ceramic Tiles from India - European Union imposes definitive anti-dumping duty
Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India - USA issues preliminary finding that countervailable subsidies were provided during 1 January 2021 till 31 December 2021
Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India - USA issues affirmative finding in anti-dumping sunset review
Finished Carbon Steel Flanges from India - USA determines sales at less than normal value during 1 August 2020 till 31 July 2021
Flat Base Steel Wheels from China PR - India initiates sunset review of anti-dumping duty
Flexible Slabstock Polyol from China PR and Thailand - India initiates anti-dumping investigation
Frozen Warmwater Shrimp from India - USA issues preliminary determination that goods are being or are likely to be sold in the USA at less than normal value during the period of review 1 February 2021 till 31 January 2022
Paper File Folders from India - USA issues preliminary determination that countervailable subsidies were being provided during 1 January 2021 till 31 December 2021
Plates and tiles of fine stoneware porcelain stoneware for paving or cladding, from India - Argentina initiates expiry review of anti-dumping duty
Stainless Steel Bar from India - USA determines no sale at less than normal value during 1 February 2021 till 31 January 2022
Stainless Steel Flanges from India - USA determines sales at prices below normal value during the period of review - 1 October 2020 till 30 September 2021, absence of reviewable shipments by M/s. Emerson Process Management and M/s. Echjay Forgings Private Limited
WTO NEWS
Safeguard measures under India and Mauritius Comprehensive Economic Cooperation and Partnership Agreement - India and Mauritius clarify
Seychelles formally accepts Fishing Subsidies Agreement - First WTO member from Africa to do so
India Customs & Trade Policy Update
Foreign Trade Policy 2023 announced - Highlights
India-Australia FTA - Origin procedures clarified
RoDTEP - 18 new entries in Heading 5208 made eligible for RoDTEP from 28 March 2023
Milk, fish and pork, and their products - Requirement of health certificate for import deferred
Crude soya-bean oil and crude sunflower seed oil - Tariff Rate Quota exemption now limited only till 31 March 2023
Tur whole exempted from BCD
Cashew kernel - EOUs/SEZs allowed to import without Minimum Import Price condition
Marble imports from Bhutan - Specified quantity allowed without MIP condition
Biofuel exports for fuel purpose allowed from EOUs and SEZs
Ratio decidendi
Aluminium alloy coil when eligible for exclusion from anti-dumping duty under Notification No. 23/2017-Cus. (ADD) - CESTAT New Delhi
Anti-dumping Rules are not inconsistent with RTI Act - Disclosure of ‘confidential information’ is not possible - Delhi High Court
GoPro digital camera for use while surfing, skydiving, etc. is classifiable under TI 8525 80 20 - CESTAT Mumbai
Stepper motor classifiable under Tariff Item 8501 10 12 - Customs AAR
