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A question on ‘standing’ of the domestic producer in anti-dumping cases
By Rizwan Shah
The article in this issue of International Trade Amicus analyses a recent DGTR Final Finding in an anti-dumping investigation concerning imports of ‘Metronidazole’ originating in or exported from China PR and focusses on the question of eligibility of a company as a domestic industry to file the anti-dumping application for the product under the extant anti-dumping law. Stating that the twin exceptions, wherein the domestic producer(s) may be considered ineligible to file application for investigation despite fulfilling the prescribed threshold, use the word ‘may’ which provide a discretion to the DGTR to determine ineligibility on a case-to-case basis, the article highlights how the past practices have varied from one investigation to the other. Elaborately discussing the recent final finding, the author states that how the Authority has attempted to provide a detailed reasoning replete with relevant domestic and WTO jurisprudence to justify its stand on the issue. The author believes that hopefully the present findings can be used to provide some broad principles or guidelines to follow for other cases.
Trade News Remedy
Aluminium Alloy Road Wheel from China PR - India initiates sunset review of anti-dumping duty
Aluminium Extrusions from India - USA initiates anti-dumping and countervailing duties investigations
Carbon steel welded pipe from India - Canada concludes re-investigation of normal values and export prices
Cellophane Transparent Film from China PR - India initiates anti-dumping investigation
Copper Tubes & Pipes from Vietnam - India’s DGTR terminates new shipper review for countervailing duty
Digital Offset Printing Plates from China PR and Taiwan - India initiates countervailing duty investigation
Digital Offset Printing Plates from China PR, Japan, Korea RP, Vietnam, and Taiwan - India initiates sunset review of anti-dumping duty
Epichlorohydrin from Korea RP, Thailand, China PR - India initiates anti-dumping duty investigation
Epichlorohydrin from Thailand - India initiates countervailing duty investigation
Flax Yarn of below 70 Lea Count from China PR - India continues with anti-dumping duty after sunset review
Granular Polytetrafluoroethylene Resin from India - USA amends CVD order for countervailable subsidy rate assigned to Gujarat Fluorochemicals Limited
Gypsum board / tiles with lamination at least on one side from China PR and Oman - India’s DGTR recommends imposition of anti-dumping duty
Halobutyl-Rubber (HIIR) from Japan, Russia, Singapore, UK, USA - India initiates anti-dumping investigation
Industrial laser machines used for cutting, marking and welding from China PR - India’s DGTR recommends imposition of anti-dumping duty
Isopropyl alcohol from China PR - India initiates anti-dumping investigation
Lined Paper Products from India - USA issues preliminary determination of sales at less than normal value from 1 September 2021 to 31 August 2022
Metronidazole from China PR - India’s DGTR recommends non-imposition of anti-dumping duty
Natural mica-based pearl industrial pigments excluding cosmetic grade from China PR - India’ DGTR recommends anti-dumping duty to be modified consequent to mid-term review
New Pneumatic Off-the-Road Tires from India - USA issues determination of sales at less than normal value during 1 March 2021 to 28 February 2022 and determination that countervailing subsidies were provided during 1 January 2021 to 31 December 2021
Paper File Folders from India - USA issues final affirmative CVD determination and final affirmative determination of sales at less than fair value
Poly Vinyl Chloride Paste Resin from China PR, Korea RP, Malaysia, Norway, Taiwan & Thailand - India initiates anti-dumping investigation
Roller Chains from China PR - India initiates anti-dumping investigation
Soft Ferrite Cores from China PR - India initiates anti-dumping investigation
Stainless steel bar from India - USA initiates anti-dumping duty new shipper review
Stainless steel flanges from India - USA issues affirmative finding of recurrence of material injury in CVD and ADD sunset review
Synthetic Grade Zeolite 4A from Iran and Thailand - India’s DGTR recommends imposition of anti-dumping duty
Tees and elbows, except 180º elbows and reducing elbows, for butt welding fittings from India - Argentina initiates anti-dumping investigation
Thermoplastic Polyurethane (TPU) from China PR - India initiates anti-dumping investigation
Trichloro Isocyanuric Acid from China PR and Japan - India initiates anti-dumping investigation
Viscose Rayon Filament Yarn from China PR - India’s DGTR recommends imposition of anti-dumping duty
Welded Stainless-Steel Pipes and Tubes from China PR and Vietnam - India initiates sunset review of countervailing duty
Welded Stainless-Steel Pipes and Tubes from Thailand and Vietnam - India initiates anti-dumping investigation
Wheel loaders from China PR - India’s DGTR recommends imposition of anti-dumping duty
WTO NEWS
WTO members reach deal to support least-developed countries on path to graduation
USA’s anti-dumping measures on oil country tubular goods from Argentina - WTO panel established
Madagascar initiates safeguard investigation on diapers and sanitary napkins
India Customs & Trade Policy Update
Laptops, tablets, personal computers, etc. - Exemption from import authorisation provided in specific cases
New All Industry Rates (AIR) of Drawback to be effective from 30 October 2023
Restricted import authorisation - Issuance of physical copy discontinued for EDI ports
Rice, parboiled - Export duty extended till 31 March 2024
Onion exports exempted from customs export duty but Minimum Export Price made effective from 29 October
Coal Import Monitoring System (CIMS) - Importers allowed to register till date of arrival of consignment
