Article

Anti-dumping duty – Overview of methodologies of calculating dumping margins

By Baratwaj Viswanathan

This article in this issue of International Trade Amicus intends to discuss different methodologies for comparing the export prices with the domestic selling prices in the chosen investigation period, as prescribed under the WTO’s Anti-dumping Agreement and the practices followed in India, the United States of America and the European Union for this purpose. Elaborately discussing the three methodologies, with descriptive illustrations, etc., the author points out that the dumping margins under the three methodologies are not the same. Accordingly, he highlights that choosing the appropriate methodology is of utmost importance since a wrong choice of methodology may actually show dumping when it is in fact non-existent or vice versa. The author hence advises exporters / producers to make a proper analysis and make appropriate and timely comments on this aspect to bring it to the attention of the investigating authorities.

Trade News Remedy

• 2,4-Dichlorophenoxyacetic Acid from India – USA initiates anti-dumping and countervailing duty investigations
• Acetonitrile from China PR, Russia, Taiwan – India initiates anti-dumping investigation
• Aluminium foil from China PR – India initiates anti-dumping investigation
• Carbazole Violet Pigment 23 from India – USA issues negative determination in anti-dumping new shipper review
• Cast Aluminium Alloy Wheels or Alloy Road Wheels (ARW) used in Motor Vehicles, of size in diameters from 12” to 24” from China PR – India continues anti-dumping duty after sunset review
• Ceramic tiles from India – European Union revises Regulation to hold that anti-dumping duty is not applicable on exports by Silk Ceramics and Luxgres Ceramica LLP from India
• Ethylene Vinyl Acetate (EVA) Sheet for Solar Module from China PR – India continues anti-dumping duty after sunset review
• Frozen Warmwater Shrimp from India – USA issues preliminary determination of sale at less than normal value during 1 February 2022 till 31 January 2023
• Mattresses from India – USA issues preliminary affirmative determination of sales at less than fair value during 1 July 2022 to 30 June 2023
• Melamine from India – Countervailing duty, and less-than-fair-value investigations initiated
• New/Unused pneumatic radial tyres (including tubeless tyres), having nominal rim dia above 16", used in buses and lorries/trucks from China PR – India extends countervailing duty till 23 July 2024
• Para-Tertiary Butyl Phenol (PTBP) from Korea RP, Singapore and USA – India imposes anti-dumping duty
• Polyester fibers from India – Brazil initiates anti-dumping investigation
• Polyethylene Terephthalate Resin from China PR – India initiates anti-absorption investigation of anti-dumping duty
• Printed Circuit Boards (PCB) from China PR and Hong Kong – India imposes anti-dumping duty
• PVC Suspension Resins from China PR, Indonesia, Japan, Korea RP, Taiwan, Thailand, USA – India initiates anti-dumping investigation
• Saccharin from China PR – India initiates anti-dumping investigation and sunset review of countervailing duty
• Self-Adhesive Vinyl (SAV) from China PR – India imposes anti-dumping duty
• Stainless Steel Bar from India – USA issues preliminary determination of sale at less than normal value during 1 February 2022 till 31 January 2023, and continues anti-dumping duty after sunset review
• Stainless Steel Flanges from India – USA issues affirmative determination of countervailing subsidies during 1 January 2021 till 31 December 2021, while Negative determination of sale at less than normal value during 1 October 2021 to 30 September 2022

WTO NEWS

• India and USA agree on solution in dispute over agricultural import measures
• Australia’s anti-dumping measures against certain imports from China held to be inconsistent with WTO’s Anti-dumping Agreement
• European Union’s certain measures on Palm Oil and Oil Palm Crop-based Biofuels from Malaysia violate WTO Agreements
• Fine denier polyester staple fiber – USA initiates safeguard investigation
• Flat-rolled products of iron, non-alloy steel, or other alloy steel – South Africa initiates safeguard investigation

India Customs & Trade Policy Update

• Free Trade Agreements – Fourth tranche of India-Mauritius CECPA and third tranche of India-UAE CEPA to be effective from 1 April 2024
• RoDTEP benefit extended to exports by Advance Authorisation holders and by EOU and SEZ units
• Imports under Advance Authorisations, and by EOUs and SEZ units – Compliance with certain QCOs relaxed
• Electric vehicles of minimum CIF value USD 35000 – 15% BCD and nil SWS if imported under Scheme to promote manufacturing of electric passenger cars in India
• Natural honey – Minimum Export Price of USD 2000/MT imposed till 31 December 2024
• Onions – Export prohibition extended beyond 31 March 2024
• Knitted or crocheted fabrics of synthetic fibres – Minimum Import Price of USD 3.5/kg imposed till 15 September 2024
• De-oiled rice bran – Export prohibition extended till 31 July 2024
• Duck meat and edible offal, frozen – BCD reduced if imported by or for 3-Star and above operational hotel
• Dogs – Import prohibition of certain breeds of dogs identified as ferocious

Ratio decidendi

• Classification of goods imported in SKD condition – No authority to separate different parts and components – Supreme Court
• Pumps for lotion dispenser are classifiable under TI 8424 89 90 and not under Headings 8413 and 9616 – CESTAT New Delhi