Article

India and its recent comprehensive trade agreements – Attempting success for market access

By Devinder Bagia and Jayant Raghu Ram

India recently signed the Comprehensive Economic Partnership Agreement with the United Arab Emirates and the Economic Comprehensive Trade Agreement with Australia. The objective of the article in this issue of International Trade Amicus is to broadly provide an advisory perspective of comprehensive trade agreements for trade and industry in India. It begins by briefly discussing India’s previous and recent comprehensive trade agreements and those that are in the pipeline. It then proceeds to discuss certain aspects of these comprehensive trade agreements that are relevant from the perspective of trade and industry in India. Elaborately discussing the requirement of mapping of benefits under trade agreements, the article notes that it is important to have a thorough knowledge of not just the tariff benefits available under a particular trade agreement, but also that available under others. The authors also discuss the requirement of compliance to Rules of Origin and the CAROTAR. They opine that while it is welcome that India has resorted to comprehensive trade agreements for boosting its global footprint in the world trading system, all stakeholders should periodically review whether these trade agreements have delivered the benefits they are expected to...

Trade News Remedy

• Amoxycillin (Amoxycillin Trihydrate) from China PR – India rescinds notification imposing anti-dumping duty
• Carbon and Alloy Steel Threaded Rod from India – USA issues preliminary determination of sale below normal value during 25 September 2019 till 31 March 2021
• Ceramic Tablewares and Kitchenwares, excluding knives and toilet items from China PR – India continues with anti-dumping after sunset review. Anti-circumvention duty on such goods declared as originating from Malaysia, also to continue.
• Clear Float Glass from Iran – India’s Finance Ministry decides not to impose anti-dumping as recommended by Directorate General of Trade Remedies (‘DGTR’)
• Copper Tubes and Pipes from Malaysia, Thailand and Vietnam – India imposes countervailing duty
• Décor Paper from China PR – India substitutes anti-dumping duty table
• Dispersion Unshifted Single-mode Optical Fibre from China, Indonesia and South Korea – India initiates anti-dumping duty investigation
• Elastomeric Filament Yarn from China PR, South Korea, Taiwan and Vietnam – India’s Finance Ministry decides not to impose anti-dumping as recommended by DGTR
• Finished carbon steel flanges from India – USA initiates sunset reviews of anti-dumping and countervailing duties
• Frozen warmwater shrimp from India – USA initiates sunset review of anti-dumping duty
• Melamine from European Union, Japan, Qatar and the United Arab Emirates – India’s Finance Ministry decides not to impose anti-dumping as recommended by DGTR
• N, N’ – Dicyclohexyl Carbodiimide (DCC) from China PR – India imposes definitive anti-dumping duty
• New Pneumatic Off-the-Road Tires from India – USA issues affirmative sunset review of countervailing duty
• Opal Glassware from China PR and UAE – India’s DGTR recommends continuation of anti-dumping duty after sunset review
• Organic Soybean Meal from India – USA issues countervailing and anti-dumping duties orders
• Plastic Processing Machines from China PR – India’s Finance Ministry decides not to impose anti-dumping duty as recommended by DGTR
• Polytetraflouroethylene (PTFE) and PTFE products from China PR – India’s DGTR recommends continuation of anti-dumping duty and anti-circumvention duty, after sunset review
• Polyurethane Leather from China PR – India imposes anti-dumping duty
• Stainless Steel Flanges from India – USA issues findings of countervailable subsidies during 1 January 2019 till 31 December 2019 and that of sales at prices below normal value during 1 October 2019 till 30 September 2020
• Stainless Steel wire rod from India – USA initiates sunset review of anti-dumping duty
• Textured Tempered Coated and Uncoated Glass from China PR – India’s DGTR recommends continuation of anti-dumping duty for two more years, after sunset review
• Welded Stainless Steel Pressure Pipe from India – USA issues affirmative sunset reviews of anti-dumping and countervailing duties

WTO NEWS

• European Union’s safeguard measures on steel violate WTO provisions
• WTO Members deepen discussions on trade and environmental sustainability

India Customs & Trade Policy Update

• India-UAE CEPA – First tranche comes into force from 1 May 2022
• Iron ore and specified iron and steel products – Export duties increased/imposed
• Wheat exports prohibited with effect from 13 May 2022
• Waste and scrap of precious metals – Imports placed under restricted category
• Onion seeds – Export Policy relaxed
• Fresh ginger wholly produced in Bhutan is freely importable
• Bamboo charcoal made from bamboo obtained from legal source freely exportable
• Sugar exports placed under ‘Restricted’ category from 1 June 2022 till 31 October 2022
• Crude soya bean oil and crude sunflower seed oil exempted from BCD and AIDC till 31 March 2024
• Paper Import Monitoring System (PIMS) notified

Ratio decidendi

• No special circumstances required for extension of anti-dumping duty beyond 10 years – CESTAT Anti-dumping Bench
• Valuation – Transaction value cannot be rejected by extrapolations – CESTAT Hyderabad
• Customs debt extinguishes when goods confiscated even after being unlawfully introduced – Liability to excise duty and import VAT however not extinguishes – Court of Justice of the European Union