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Introduction of Significant Distortions Methodology in the EU’s anti-dumping laws
By Vikrant Nehra
To overcome the issue of the alleged expiry of Paragraph 15(a)(ii) of the Chinese Accession Protocol and the probable illegality of the continuation of non-market economy methodology vis-à-vis China, the EU has amended its Basic Anti-dumping Regulation. As per new Article 2(6a), normal value will not be determined based on actual domestic selling price if there is evidence of ‘significant distortions’. According to the author, while it remains unclear from the text of Article 2(6a) that how analysis of ‘significant distortions’ would be carried out, the amendment opens up a possibility whereby exports from other countries like India can also be subject to this unfavourable methodology traditionally reserved for countries like China. The article further notes that the EU has also linked the use of ‘lesser duty rule’ to the ‘distortions’ rule and thus the lesser duty rule may not be applied by the EU if there is distortion of raw material prices. As per the author, it is to be seen how the EU has implemented the revised rules in recent anti-dumping determinations against China and other countries...
Trade Remedy News
Carbon Black from China and Russia – India initiates second sunset review of anti-dumping duty
Common Alloy Aluminium Sheet from India – USA postpones preliminary determinations in countervailing duty investigations
Digital Offset Printing Plates from China, Japan, Korea RP, Taiwan and Vietnam – Indian authorities (DGAD) recommends definitive anti-dumping duty
Forged Steel Fluid End Blocks from India – USA issues preliminary affirmative countervailing duty determination
Large Diameter Welded Pipe from India – USA issues final results of anti-dumping duty and countervailing duty changed circumstances reviews
Natural Mica based Pearl Industrial Pigments excluding Cosmetic Grade from China – India initiates anti-dumping investigation
Phthalic Anhydride from China PR, Indonesia, Korea RP and Thailand – India initiates anti-dumping investigation
Phthalic Anhydride from Japan and Russia – India initiates sunset review of anti-dumping duty
Phthalic Anhydride from Korea RP – Indiana authorities issue Preliminary Findings under India-Korea Comprehensive Economic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017. Customs duty provisionally recommended to be increased to MFN level.
Plain Medium Density Fibre Board having thickness 6mm and above from M/s. Kim Tin MDF, Joint Stock Company, Vietnam – India initiates anti-dumping investigation
Polybutadiene Rubber from Korea RP – India issues Preliminary Findings under India-Korea Comprehensive Economic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017. Customs duty provisionally recommended to be increased to MFN level.
Polyester Yarn (Polyester spun yarn) from China, Indonesia, Nepal and Vietnam – India initiates anti-dumping investigation
Polytetrafluoroethylene from Korea RP – India terminates anti-circumvention investigation concerning alleged circumvention of anti-dumping duty on goods originating from Russia by imports from Korea RP.
Quartz Surface Products from India – USA issues final determination of sales at less than fair value and final affirmative countervailing duty determination
Sodium Citrate from China – India continues anti-dumping duty for 5 more years after affirmative sunset review
WTO News
WTO Director General, Roberto Azevêdo cuts his second term short by one year: To step down on 31-08-2020
World merchandise trade contracts due to COVID-19
South Africa initiates safeguard investigation against bolts with hexagon heads of iron and steel
India Customs and Trade Policy Update
Validity of existing Export Performance Certificates for FY 2019-20 extended up to 30-09-2020
Relaxation from submitting Bonds extended till 30-05-2020
Advance authorisations/DFIAs - Procedure for extension in import validity period and export obligation period, prescribed
Interest Equalisation Scheme (IES) for Pre and Post shipment Rupee Export Credit extended by one year
Sanitizers - Export policy of sanitizers, other than alcohol-based hand sanitizers, relaxed
Masks - Export policy revised
Metallic scrap and waste - Submission of scanned copy of Pre-shipment Inspection Certificate
Ratio decidendi
Valuation – Turnkey contracts – Value of drawings and designs for post importation activities when not includible – Supreme Court
