Article
Anti-dumping duty – CESTAT establishes important jurisprudence on commercial quantities
By Ashutosh Arvind Kumar
The article in this issue of International Trade Amicus analyses a recent CESTAT decision relating to the threshold for considering a product within the scope of the product under consideration (‘PUC’) in anti-dumping investigations. The Hon’ble CESTAT has held that mere production of a product is not enough for it to be included in the scope of the PUC; the domestic industry must show that it has catered to a certain amount of demand for that product for it to be included. The article in this regard notes that Appellant’s reliance on the questionnaire response and legal submissions made before the DGTR to stress on the product exclusion played an important role in convincing the CESTAT about the bona fides of its product exclusion claims. The article further notes that the CESTAT has also observed that the production and sale quantities during the period of investigation (POI) are only relevant. According to the author, the jurisprudence developed in this case should guide the DGTR in analysing genuine user / importer interests in future investigations.
Trade News Remedy
- Boltless steel shelving units prepackaged for sale from India – USA initiates anti-dumping and countervailing duty investigations
- Brass rod from India – USA initiates anti-dumping and countervailing duty investigations
- Circular welded pipe and tube from India – USA issues notice for proceeding with full review of revocation of anti-dumping duty
- Cold-drawn mechanical tubing from India – USA issues notice for review of revocation of anti-dumping and countervailing duty
- Cold-drawn mechanical tubing of carbon and alloy steel from India – USA issues affirmative sunset review of countervailing duty
- Easy open ends of tin plate, including electrolytic tin plate (ETP), measuring 401 Diameter (99MM) and 300 Diameter (73MM) in dimension from China PR – India initiates anti-dumping investigation
- Fishing net from China PR – India extends anti-dumping duty till 9 September 2023
- Flax yarn of below 70 Lea Count from China PR – India initiates sunset review of anti-dumping duty
- Grinding media balls excluding forged grinding media balls from China PR and Thailand – Indian DGTR recommends continuation of anti-dumping duty, after sunset review, only on imports from Thailand
- High Tenacity Polyester Yarn from China PR – Indian DGTR recommends continuation of anti-dumping duty after sunset review
- Hot rolled and cold rolled stainless steel flat products from China PR – Indian DGTR recommends continuation of countervailing duty after sunset review
- Lined paper products from India – USA determines that Cellpage Ventures P. Ltd. made sales at prices below normal value, while Navneet Education Ltd. did not, during 1 September 2020 and 31 August 2021
- LPG steel cylinders – Philippines initiates preliminary safeguard investigation
- Non-refillable steel cylinders from India – USA initiates anti-dumping and countervailing duty investigations
- Pneumatic off-the-road tires from India – USA issues affirmative determination in sunset review of anti-dumping duty and countervailing duty
- Sodium Cyanide from China PR, European Union, Japan and Korea RP – India initiates anti-dumping duty
- Stainless steel flanges from India – USA initiates sunset review of anti-dumping duty and countervailing duty
- Sulphur black from China PR – India terminates anti-dumping duty
- Ursodeoxycholic Acid (UDCA) from China PR and Korea RP – India imposes definitive anti-dumping duty
- Vinyl tiles, other than in roll or sheet form, from China PR and Taiwan – India imposes definitive anti-dumping duty
- Welded carbon steel standard pipes and tubes from India – USA issues preliminary determination that imports of goods completed in Vietnam, using hot-rolled steel (HRS) produced in India, are circumventing anti-dumping duty
WTO NEWS
- WTO dispute panels issue reports regarding Indian tech tariffs
- United States formally accepts Agreement on Fisheries Subsidies
India Customs & Trade Policy Update
- Amnesty Scheme for settlement of default in export obligation under Advance authorisation and EPCG scheme – Customs notifications amended
- Plastic waste management – Registration of importers – Clearance of imports based on proof of submission of registration application
- Rice in husk (paddy or rough), of seed quality, exempted from export duty
Ratio decidendi
- Anti-dumping duty on flat rolled products of aluminium – ‘Clad with compatible non-clad aluminium foil’ to be excluded as not sold by domestic industry in commercial quantities – CESTAT
- Classification of goods – ‘Pull in’ Note to be narrowly construed when goods excluded by different Note from particular Chapter – Supreme Court
- Valuation – LME prices cannot be a benchmark when manufacturer certifies that goods produced from scrap – CESTAT Kolkata
