Analysis of “Material Retardation”: A WTO jurisprudential perspective on DGTR’s recent findings
by Greetika Francis
The present article analyses the final findings of some of the investigations carried out by the Directorate General of Trade Remedies (DGTR) in India, in view of recent jurisprudential guidance provided by the WTO Panel in Morocco - Anti-Dumping Measures on Certain Hot-Rolled Steel from Turkey. The Panel in the said dispute (DS 513) examined the situation wherein an Investigating Authority while assessing injury in the form of material retardation to the establishment of an industry, determines or relies on a determination that a particular producer is “unestablished”. The panel held that an investigating authority must base its assessment on positive evidence based on substantiated facts or inferences. According to the author, the Indian Anti-Dumping Rules, provide the principles for determination of injury and threat of material injury but no such principles exist for the determination of material retardation and therefore, it is crucial for the authorities to disclose the standard and mechanism it would rely on to examine material retardation in each case...
Trade Remedy News
- Corrosion-resistant flat-rolled steel sheet products of carbon steel from India - Canada determines that imports are threatening to cause injury to the domestic industry
- Corrosion-Resistant Steel Products from India - Preliminary determination, by USA, of weighted average dumping margin for specific entity
- Ethylene Vinyl Acetate (EVA) Sheet for Solar Module from China, Malaysia, Saudi Arabia, South Korea and Thailand – Indian Authorities recommend Anti-dumping duty on imports from China, Malaysia, Saudi Arabia and Thailand while investigation against South Korea terminated.
- Fluoroelastomers from China – India imposes definitive anti-dumping for 18 months
- Fluoroelastomers from China – India terminates CVD investigation
- Hot rolled carbon steel flat products from India – ADD and CVD Sunset review initiated by USA
- Metaphenylene Diamine from China - Definitive ADD continued by India after sunset review
- Non-Plasticized Industrial Grade Nitrocellulose Damped in Isopropyl Alcohol having Nitrogen content in the range of 10.7% to 12.2% from Brazil, Indonesia and Thailand - Definitive ADD imposed by India
- Paracetamol from China - ADD Sunset Review and non-recommendation of continuance of anti-dumping by India
- Peroxosulphates (Persulphates) from China and Japan – India rescinds Notification No. 11/2013-Cus. (ADD)
- Polyester Textured Yarn from India – USA postpones preliminary determination in CVD investigation
- Steel products from India – EU imposes definitive safeguard measures
Statute Update
- New Shipper Review investigations – Streamlining of procedures – DGTR Trade Notice
WTO News
- Korea and US dispute on large residential washers - Arbitrator issues decision
- US anti-dumping and countervailing duties on olives from Spain – EU initiates dispute
- New TRIPS notification system launched
- Slower trade growth in first quarter of 2019 - WTO trade indicator
India Customs & Trade Policy Update
- Basic Customs duty on goods from Pakistan increased to 200%
- All Industry Rates of duty drawback amendments effective from 20-2-2019
- Clubbing of Authorisations issued only within 18 months: HoP amended
- MEIS benefit on exports directly from EOU/SEZ on behalf of DTA unit
- Printing of Advance/EPCG Authorisation on security paper to be discontinued
Ratio decidendi
- Demand of anti-dumping duty for imports under Advance Authorisation
- Demurrage not includible – Explanation to Valuation Rule 10(2) is bad
- Restricted imports without authorisation can be cleared on redemption fine
