Article

Participation in trade remedy investigations – First impressions matter

Ankur Sharma

An important facet of trade remedy investigations, especially, anti-dumping and countervailing duty investigations is that if a producer/exporter from the country facing such investigation fully ‘cooperates’, the investigating authority acknowledges this and awards a duty basis the data presented by such party. The article in this issue of International Trade Amicus aims to broadly explain what constitutes ‘cooperation’ and what are the guidelines which a producer/exporter may keep in mind to ensure that their participation is treated as ‘cooperation’ by the Indian investigating authority. Discussing recent final findings issued by the DGTR in the anti-dumping investigation concerning imports of ‘New Pneumatic Radial Tyres of rubber for buses and lorries, with or without tubes and/or flaps’ from Thailand, the author lists certain important aspects which emerge from the DGTR’s observations in this case. Observing that the list is not exhaustive, the author hopes that it guides interested parties regarding the basic steps that must be taken to ensure that their efforts lead them to ‘cooperative’ status in trade remedy investigations...

Trade Remedy News

• 2-Ethyl Hexanol (2-EH) from Saudi Arabia and Singapore – India terminates anti-dumping investigation
• 2-Propylheptyl Alcohol (2-pH) from European Union – India terminates anti-dumping investigation
• Acrylic fibre from Thailand – India rescinds notification imposing anti-dumping duty
• Acrylonitrile Butadiene Rubber from Korea RP – Indian authorities (DGTR) recommends continuation of anti-dumping duty, after sunset review
• All Fully Drawn or Fully Oriented Yarn/ Spin Drawn Yarn/ Flat Yarn of Polyester from China and Thailand – Indian authorities recommend continuation of anti-dumping duty on imports from China. Continuation of ADD on imports from Thailand was not recommended.
• Carbon Black used in rubber applications from China and Russia – India extends anti-dumping duty till 31 December 2020
• Caustic Soda from China and Korea RP – Indian authorities recommend continuation of anti-dumping duty, after sunset review
• Clear Float Glass from Malaysia – India imposes definitive anti-dumping duty
• Coated/Plated Tin Mill Flat Rolled Steel Products from European Union, Japan, USA and Korea RP – India decides not to impose anti-dumping duty though DGTR had recommended imposition of duty in its in final findings
• Commodity Matchbooks from India – USA continues with anti-dumping duty and countervailing duty orders after sunset reviews
• Fluoroelastomers (FKM) from China – India continues anti-dumping duty after sunset review
• Front Axle Beam and Steering Knuckles for heavy and medium commercial vehicles from China – India extends anti-dumping duty till 31 January 2021
• Fully Drawn or Fully Oriented Yarn/Spin Drawn Yarn/Flat Yarn of Polyester from China and Thailand – India extends anti-dumping duty till 31 December 2020
• Graphite electrode systems from India – European Union terminates partial interim review of anti-dumping and countervailing duty
• Isononanol (INA) from European Union and Singapore – India terminates anti-dumping investigation
• Mono Ethylene Glycol from Kuwait, Oman, Singapore and UAE – India terminates anti-dumping investigation
• Nylon Tyre Cord Fabric from China – Indian authorities recommend continuation of anti-dumping duty, after sunset review
• Phthalic Anhydride from Japan and Russia – India extends anti-dumping duty till 31 January 2021
• Poly Vinyl Chloride Paste Resin from China, Japan, Korea RP, Malaysia, Russia, Taiwan and Thailand – India issues final findings in mid-term review, to change of name of producer/exporter from Korea RP
• Prestressed Concrete Steel Wire Strand from India – USA continues with anti-dumping duty and countervailing duty orders after sunset review
• Rubber Chemical PX-13 from China, Korea RP and USA – Indian authorities recommend provisional anti-dumping duty
• Toluene Di-Isocyanate from China, Japan and Korea RP – India issues final findings to change of name of producer/exporter from Korea RP
• Utility Scale Wind Towers from India – USA initiates countervailing duty investigation and less-than-fair-value investigations
• Woven Fabric (having more than 50% Flax content) commonly known as Flax Fabric from China and Hong Kong – India continues anti-dumping duty after sunset review

WTO News

• Indian measures questioned at SPS Committee meeting
• Hong Kong disputes USA’s ‘China’ origin marking requirement
• Expansible Polystyrene – Indonesia launches safeguard investigation

India Customs & Trade Policy Update

• Manufacture and other operations in warehouse – Job work clarified

Ratio decidendi

• No confiscation under Customs Section 111(o) in case of misdeclaration and non-payment of anti-dumping duty – CESTAT Mumbai
• Valuation – Amount paid for exclusive distribution rights, includible in value of import goods but not as royalty or license fee – Court of Justice of the European Union