International Trade Amicus: May 2021

Article

De-minimis dumping margin: Termination of an anti-dumping investigation?

By Harsh Mittal

The article in this issue of International Trade Amicus discusses the recent decision of the DGTR terminating the original investigation concerning imports of ‘Plain Medium Density Fibre Board having thickness 6mm and above’ produced by Kim Tin MDF Joint Stock Company, Vietnam. The DGTR terminated the investigation observing that the purpose would be served by undertaking a review under Rule 23 of the Anti-dumping Rules rather than conducting a fresh investigation. The DGTR noted that the investigation against Kim Tin was not terminated in the previous investigation when the dumping margin of this party was determined as de-minimis. The article notes that the DGTR has, vide its Termination Order, overturned its observations made in the Initiation Notification. The author notes also notes that while WTO’s Anti-dumping Agreement and the Indian anti-dumping Rules, both, are silent as to whether the finding of de-minimis margin has to be in respect of the subject country being investigated or in respect of the particular producer, or both, practice across different WTO members is different. According to the author, DGTR’s Termination Order makes it clear that there where de-minimis margin has been determined against a particular party, the proper procedure is to seek a review under Rule 23...

Trade Remedy News

  • 1, 1, 1, 2 Tetrafluoroethane or R-134a from China PR – India extends anti-dumping duty till 10 January 2022
  • Acrylonitrile Butadiene Rubber (NBR) from China PR , European Union, Japan and Russia – Indian authorities (DGTR) recommend imposition of anti-dumping duty
  • Cold-Rolled Steel Flat Products from India – USA initiates sunset review of anti-dumping and countervailing duties
  • Corrosion-Resistant Steel Products from India – USA initiates sunset review of anti-dumping and countervailing duties
  • Corrosion-resistant steel products from India – USA’s DoC amends countervailable subsidy rate assigned to Uttam Galva
  • Fiberboards from Indonesia, Malaysia, Thailand, Vietnam, Sri Lanka – Indian authority (DGTR) recommends imposition of definitive countervailing duty
  • Fine denier polyester staple fiber from India – USA’s DoC determines that Reliance Industries Limited received countervailable subsidies
  • Grinding media from India – Canada issues preliminary determination of dumping and subsidization
  • Methyl Acetoacetate from China PR – India continues anti-dumping duty after sunset review
  • Newsprint in rolls or sheets, excluding glazed newsprint from Australia, Canada, European Union, Hong Kong, Russia, Singapore and UAE – Indian Ministry of Finance decides not to impose anti-dumping duty though DGTR had recommended imposition
  • Nonyl phenol from Chinese Taipei – Indian Ministry of Finance decides not to continue anti-dumping as recommended by DGTR in sunset review
  • Phenol from Thailand – Indian Ministry of Finance decides not to impose anti-dumping duty though DGTR had recommended imposition
  • Phthalic anhydride from China PR, Indonesia, Korea RP, Thailand – Indian authorities recommend imposition of anti-dumping duty
  • Plain medium density fibre board having thickness 6mm and above from specified company from Vietnam – Indian authorities decides not to undertake fresh investigation under Rule 5 and instead do review investigation under Rule 23
  • Polyethylene terephthalate film, sheet, and strip from India – USA’s DoC determines that Jindal Poly Films Limited received countervailable subsidies
  • Raw honey from India – USA initiates Less-Than-Fair-Value investigations
  • Seamless tubes, pipes and hollow profiles of iron from China PR – Indian authorities extend anti-dumping duty till 31 October 2021
  • Soda ash from UAE and Russia – India initiates anti-dumping investigation
  • Solar cells from China PR, Thailand and Vietnam – India initiates anti-dumping investigation
  • Uncoated copier paper from Indonesia and Singapore – India initiates sunset review of anti-dumping duty
  • Utility scale wind towers from India – USA issues preliminary affirmative determination of sales at less than fair value
  • Viscose spun yarn from China PR, Indonesia and Vietnam – Indian Finance Ministry decides not to impose anti-dumping duty as recommended by DGTR

WTO News

  • Tariff values – EU asks India to notify Rules under Customs Section 14(2) to Committee on Customs Valuation
  • Canadian measures for feed ingredient imports from countries posing potential concern of African Swine Fever – India in list since 2020

India Customs & Trade Policy Update

  • Covid-19 – Relaxations under Customs and Foreign Trade Policy
  • Chip Import Monitoring System to be effective from 1 August 2021
  • EPCG – Applications for relaxations in policy or procedures to be submitted online

Ratio decidendi

Valuation – Actual cost of transportation till place of import when not includible – Court of Justice of the European Union

News Nuggets

India and EU announce Connectivity Partnership

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