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Imports by the domestic industry – Law and practice in India
By Devinder Bagia and Sangam Grover
One of the foremost requirements in anti-dumping or countervailing duty investigation is to identify the scope of the ‘domestic industry’. Examining the definition of domestic industry, the article elaborates on why it is important to determine its scope. It also gives various recent examples of the varied practice of the DGTR while excluding or including the domestic producer in the scope of domestic industry. The authors note that though the Authority has very often used the yardstick of ‘significant’ and ‘insignificant’ imports to determine its standing however, there is no clarity on the base to be used for calculating the said significance and that the law on this point is still unclear even in WTO. According to the authors, it would be helpful if some guidelines are issued on what would constitute ‘significant’ imports of the PUC and also the ‘purposes’ that would attract disqualification for a domestic producer to constitute the domestic industry...
Trade Remedy News
1,1,1,2-Tetrafluoroethane or R-134a from China PR – India’s DGTR recommends continuation of anti-dumping duty after sunset review
Aceto Acetyl Derivatives of aromatic or hetrocyclic compounds from China PR – India imposes definitive anti-dumping duty
Aluminium alloy road wheels from China PR – India initiates mid-term review of anti-dumping duty
Aluminium and Zinc coated flat products from China PR, Vietnam and Korea RP – India initiates anti-dumping duty mid-term review limited to change of name of producer/exporter from Korea RP
Aluminium foil – 5.5 micron to 80 micron, from China PR – India initiates sunset review of anti-dumping duty
Aluminium foil from China PR, Malaysia, Thailand and Indonesia – India imposed definitive anti-dumping duty
Aluminium Wire in coil form/Wire Rod in coil form (Diameter from 9 mm to 13 mm) from Malaysia – India imposes definitive countervailing duty
Amoxycillin / Amoxycillin Trihydrate from China PR – India initiates sunset review of anti-dumping duty
Axle for trailers from China PR – India’s DGTR recommends anti-dumping duty, after anti-circumvention investigation, on goods imported in CKD/SKD condition
Calcined gypsum powder from Iran, Oman, Saudi Arabia and UAE – India’s DGTR recommends definitive anti-dumping duty
Caprolactam from EU, Korea RP, Russia and Thailand – India’s DGTR recommends definitive anti-dumping duty
Ceftriaxone sodium sterile from China PR – India’s DGTR recommends definitive anti-dumping duty
Ceramic tableware and kitchenware, excluding knives and toilet items, from China PR – India extends anti-dumping duty on imports from Malaysia, after anti-circumvention investigation
Cold rolled /cold reduced flat steel products of iron or non-alloy steel or other alloy steel of all width and thickness - not clad, plated or coated, from China PR, Japan, Korea RP and Ukraine – India’s DGTR recommends continuation of anti-dumping duty after sunset review
Cold-rolled steel flat products from India – USA issues affirmative sunset reviews of countervailing and anti-dumping duties
Colour coated/pre-painted flat products of alloy or non-alloy steel from China PR and EU – India’s DGTR recommends continuation of anti-dumping duty after sunset review
Colour coated/pre-painted flat products of alloy or non-alloy steel from China PR and EU – India extends anti-dumping duty till 31 March 2022
Corrosion-resistant steel products from India – USA issues affirmative sunset reviews of countervailing and anti-dumping duties
Decor paper from China PR – India’s DGTR recommends definitive anti-dumping duty
Elastomeric filament yarn from Singapore – India’s DGTR terminates anti-dumping investigation after finding of negative dumping margin
Flat rolled product of steel, plated or coated with alloy of Aluminium and Zinc, from China PR, Vietnam and Korea RP – India extends temporary revocation of anti-dumping duty till 31 January 2022
Flat rolled products of aluminium, from China PR – India’s DGTR recommends definitive anti-dumping duty
Glazed/unglazed porcelain/vitrified tiles in polished or unpolished finish with less than 3% water absorption, from China PR – India extends anti-dumping duty till 28 February 2022
Glycine from China PR – India initiates anti-dumping duty investigation
High-speed steel of non-Cobalt grade from China and Germany – India extends temporary revocation of anti-dumping duty till 31 January 2022
Hot rolled and cold rolled stainless steel flat products from China PR – India extends temporary revocation of countervailing duty till 31 January 2022
Hot rolled and cold rolled stainless steel flat products from China PR – India initiates sunset review of countervailing duty
Hot-rolled flat products of alloy or non-alloy steel, from China PR, Japan, Korea RP, Russia, Brazil and Indonesia – India’s DGTR recommends continuation of anti-dumping duty after sunset review
Hydrofluorocarbon (HFC) blends from China PR – India’s DGTR recommends definitive anti-dumping duty
Hydrofluorocarbon (HFC) component R-32 from China PR – India’s DGTR recommends definitive anti-dumping duty
Hydrogen peroxide from Bangladesh and Thailand – India initiates sunset review of anti-dumping duty
Jute products from Bangladesh and Nepal – India extends anti-dumping duty till 31 May 2022
Measuring tapes from China PR – India’s DGTR recommends anti-dumping duty on goods from Singapore and Cambodia, after anti-circumvention investigation
Melamine from China PR – India’s Finance Ministry decides not to impose anti-dumping duty as recommended by DGTR
Ofloxacin and its intermediates, from China PR – India initiates anti-dumping investigation
Opal Glassware from China PR and UAE – India initiates sunset review of anti-dumping investigation
Peroxosulphates from China PR and USA – India’s DGTR recommends definitive anti-dumping duty
Plain medium density fibreboard having thickness 6 mm and above, from Vietnam – India terminates sunset review of anti-dumping duty
Polytetrafluoroethylene (PTFE) from China PR – India initiates sunset review of anti-dumping
Rubber chemical PX-13 from China PR and Korea RP – India’s Finance Ministry decides not to impose anti-dumping duty as recommended by DGTR
Semi-finished ophthalmic lenses from China PR – India initiates anti-dumping investigation
Silicone sealants from China PR – India’s DGTR recommends definitive anti-dumping duty
Sodium hydrosulphite from China PR and Korea RP – India’s DGTR recommends definitive anti-dumping duty
Stainless steel seamless tubes and pipes from China PR – India initiates anti-dumping investigation
Straight length bars and rods of alloy steel from China PR – India extends temporary revocation of anti-dumping duty till 31 January 2022
Tyre curing presses from China PR – India rescinds anti-dumping notification
Untreated fumed silica from China PR and Korea RP – India’s DGTR recommends definitive anti-dumping duty
Utility scale wind towers from India – USA issues final affirmative countervailing duty determination and final affirmative determination of sales at less than fair value
Welded stainless pressure pipe from India – USA initiates sunset reviews of anti-dumping and countervailing duties
Zinc coated (galvanised) steel from India – Australia initiates continuation inquiry
WTO News
WTO Panels established to review Chinese ADD on steel from Japan and Panama’s measures against certain agricultural imports from Costa Rica
Safeguard investigations notified to WTO - Grinding balls and similar articles for mills and PVC profiles
India Customs & Trade Policy Update
RoDTEP and RoSCTL Schemes notified by CBIC – Manner to issue duty credits also prescribed
Service Exports from India Scheme (‘SEIS’) for services exported in 2019-20 notified
Duty credit scrips – Validity period and last date for submitting applications revised
India-Mauritius CECPA – Tariff Rate Quota and procedure for import notified
Crude soya-bean, palm and sunflower oils – BCD exempted and AIDC lowered
Mercury – Imports and exports restricted
Syringes with or without needles, of specific denominations – Exports restricted
Ratio decidendi
Multi-functional devices – Compulsory Registration Order 2012 prescribing standards for import of goods, is beyond scope of BIS Act 1986 and BIS Rules 1987 – CESTAT Chennai
Re-classification by department for subsequent period not permissible – CESTAT Chennai
