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Powers of Central Government in imposing trade remedial measures: Quasi-Judicial or Legislative?
By Utkarsh Khandelwal
Recently the Gujarat High Court in the case Real Strips v. Union of India had an occasion to decide the nature of powers exercised by the Ministry of Finance in deciding the imposition of countervailing duty. The article in this issue of International Trade Amicus critically analyses the judgement of the High Court in the light of recent controversy surrounding the issue. The author analyses the issue on two metrics. Firstly, for the purposes of review provision in Section 9C of the Customs Tariff Act, 1975, what is the interpretation of the term ‘Order of determination’? and secondly, whether the presence of a provision for appeal in Section 9C against such order of determination would make the levy of duty by the Government a quasi-judicial act? Citing various case law, the author concludes that it can be argued that the function of Central Government to levy or revoke the AD duty / CVD is a legislative act pursuant to a quasi-judicial determination by the DGTR. He states that an authoritative ruling by the Supreme Court would be the most instrumental step towards resolution of the present discourse...
Trade News Remedy
Aluminium Alloy Road Wheels (ARWs) from China PR, Korea and Thailand – Indian authority (DGTR) recommends enhancing quantum of anti-dumping duty on imports from specified entities from China PR
Ammonium Nitrate from Russia, Georgia and Iran – Indian Finance Ministry decides not to impose anti-dumping duty as recommended by DGTR
Barium Chloride from India – USA schedules final phase of countervailing duty and anti-dumping duty investigations
Carbon and Alloy Steel Threaded Rod from India – USA issues affirmative finding of sale below normal value during 25 September 2019 and 31 March 2021
Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India – USA issues affirmative finding of countervailable subsidies during 1 January 2020 and 31 December 2020
Ductile pipes (tubes and pipes of ductile cast iron) from India – USA initiates partial interim review of the anti-dumping measures
Finished Carbon Steel Flanges from India – USA issues affirmative sunset review of the anti-dumping duty and countervailing orders
Finished Carbon Steel Flanges from India – USA issues preliminary affirmative results of anti-dumping duty administrative review during 1 August 2020 and 31 July 2021
Finished Carbon Steel Flanges from India – USA issues preliminary affirmative findings of countervailing subsidies in administrative review for period1 January 2020 till 31 December 2022
Frozen warmwater shrimp from India – USA’s Commission determines that it will proceed with full sunset review of anti-dumping duty
Hydrogen Peroxide from Bangladesh – India’s DGTR rejects application for individual duty in anti-dumping duty new shipper review
Jute products from Bangladesh and Nepal – India extends anti-dumping duty till 31 December 2022
Monoisopropylamine (MIPA) from China PR – India initiates sunset review of anti-dumping duty
Oil country tubular goods from India – Canada notifies re-investigation of the normal values and export prices in respect of anti-dumping duty
PVC suspension resins with residual Vinyl Chloride Monomer above 2PPM – India initiates Safeguard (Quantitative Restrictions) investigation
Radial tyres, including tubeless tyres having nominal rim dia code above 16" from China PR – India’s DGTR recommends continuation of anti-dumping for three more years, after sunset review
Stainless Steel bar from India – USA issues final results of affirmative administrative review for period 1 February 2020 till 31 January 2021
Stainless-Steel Seamless Tubes and Pipes from China PR – India’s DGTR recommends imposition of definitive anti-dumping duty for five years
Toluene Di-isocyanate from China PR, Korea RP and Japan – India continues anti-dumping duty after sunset review
Welded carbon steel standard pipes and tubes from India – USA issues preliminary negative determinations of circumvention of the anti-dumping order
WTO NEWS
Argentina challenges Peru’s trade-remedy measures on biodiesel imports
Agency heads call for urgent action to address global food security crisis
India Customs & Trade Policy Update
Settlement of exports and imports in Indian Rupees
Vegetable oils – Reduced customs duties, including AIDC, to be effective till 31 March 2023
Ratio decidendi
Countervailing duty cannot be revoked before completion of sunset review – Gujarat High Court
Appeal to CESTAT maintainable against Central Government’s office memorandum not to impose anti-dumping duty even in case of affirmative finding by DG – CESTAT Anti-dumping Bench
Air conditioner kit and parts of heat exchange unit – Classification – AAR Customs
Wireless charging pad with AC adapter and Lightning audio & charger rockstar – Classification – United Kingdom’s Upper Tribunal (Tax and Chancery Chamber)
