Article

Technical specification based product exclusion in mid-term reviews

By Shubhi Khare

The article in this issue of International Trade Amicus discusses at length the provisions relating to Mid-Term Review (‘MTR’) of anti-dumping measures. Observing that MTR can even be requested by the user industry for excluding certain products from the scope of the product under consideration, where such product is of a technical grade that is not or cannot be produced by the domestic industry for the specific user requirements, the author elaborately examines a recent final finding of the Directorate General of Trade Remedies (‘DGTR’). Allowing the exclusion from anti-dumping duty imposed on Dimethylacetamide imported from China and Turkey, the DGTR has held that as long as the requirement for a specific product grade was genuine and bona fide, the same merited exclusion from the scope of the product scope. The author notes that requiring the actual users to maintain monthly records which can be verified by the concerned authorities would ensure that only bona fide users avail of this exclusion. According to the author, this would also address the anti-circumvention concerns raised by the domestic industry. The author also notes that the said finding also underlines that participation in an MTR in case of product scope exclusions is not limited only to those parties who had participated in the original investigation...

Trade Remedy News

• Acetone from Korea RP, Taiwan, Saudi Arabia – DGTR recommends continuation of anti-dumping duty after sunset review
• All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester from China and Thailand – India extends anti-dumping duty till 30-11-2020
• Caprolactam from European Union, Korea RP, Russia and Thailand – India initiates anti-dumping investigation
• Carbazole Violet Pigment 23 from India – USA initiates sunset reviews of anti-dumping and countervailing duties
• Ceramic Tablewares and Kitchenwares from China – India initiates ADD anti-circumvention investigation concerning imports from Malaysia
• Cold-Rolled Flat Products of Stainless Steel of width 600 mm to 1250 mm and above 1250mm of non bona fide usage, from China, Korea, European Union, South Africa, Taiwan, Thailand and USA – India initiates anti-dumping duty sunset review investigation
• Common Alloy Aluminium Sheet from India – USA issues preliminary affirmative determination of sales at less than fair value
• Copper Tubes and Pipes from Malaysia, Thailand and Vietnam – India initiates anti-subsidy investigation
• Decor Paper from China – India initiates anti-dumping investigation
• Dimethylacetamide/ DMAC from China and Turkey – DGTR recommends exclusion of product of specific technical specification
• Elastomeric Filament Yarn from Singapore – India initiates anti-dumping investigation
• Flat products of Stainless Steel from Indonesia – India imposes provisional countervailing duty
• Fluoroelastomers (FKM) from China – DGTR recommends continuation of anti-dumping duty after sunset review. Meanwhile anti-dumping duty also extended till 27-11-2020
• Forged Steel Fittings from India – USA issues final affirmative determination of sales at less than fair value, and final affirmative countervailing duty determination
• Fresh, chilled or frozen blueberries – USA initiates safeguard investigations
• Front Axle Beam and Steering Knuckles for heavy and medium commercial vehicles from China – India extends anti-dumping duty till 30-11-2020
• Frozen Warmwater Shrimp from India – USA initiates anti-dumping duty changed circumstances review
• Glass Fibre from China – DGTR recommends non-exclusion of Glass Fibre Roving
• Hydrofluorocarbon (HFC) Blends from China – India initiates anti-dumping investigation
• Low Density Polyethylene (LDPE) from Qatar, Saudi Arabia, Singapore, Thailand, United Arab Emirates and United States of America – India initiates anti-dumping investigation
• Methyl Acetoacetate from China – India initiates sunset review of anti-dumping duty
• Plain Medium Density Fibre Board of thickness 6mm and above from China, Malaysia, Sri Lanka and Thailand – India extends anti-dumping duty till 20-01-2021
• Polybutadiene Rubber from Korea RP – DGTR recommends Bilateral safeguard measures
• Stainless Steel Cold-Rolled Flat Products from India – European Union initiates anti-dumping investigation
• Steel products – United Kingdom initiates transition review of safeguard measures

WTO News

• USA appeals Panel’s report on additional duties on certain Chinese goods
• EU authorized to impose countermeasures against USA
• Trade Facilitation Agreement – Members themselves are best placed to determine when to implement their commitments: India
• Safeguard investigations notified in WTO - Articles of apparel and clothing accessories; Blue berries; and Cigarette paper

India Customs & Trade Policy Update

• Faceless assessment on holidays including on Saturdays and Sundays
• Rebate of State Levies on export of garments and made-ups Scheme notified under scrip mechanism
• Air conditioners with refrigerants – Import prohibited
• Alcohol based hand sanitizers (in any packaging) are freely exportable
• Masks (all types) are freely exportable
• Nitrile/NBR gloves – Export Policy relaxed
• Tyre imports not allowed under DFIA

Ratio decidendi

• EU’s Anti-dumping duty on Ammonium Nitrate – Presumption that product with nitrogen exceeding 28% by weight has ammonium nitrate exceeding 80% by weight, correct – Court of Justice of the European Union