Article
Exclusion of Standard-Compliant Products from the scope of the PUC – Final Findings in Welded Stainless Steel and Pipes
By Baratwaj Viswanathan
The article in this issue of International Trade Amicus examines the recent Final Findings issued by the DGTR in the Mid-Term Review of countervailing duty on imports of Welded Stainless-Steel Pipes and Tubes (‘product under consideration’, ‘PUC’) from China PR and Vietnam. The author elaborately discusses the three reasons as listed by the DGTR while rejecting exclusion of specific grades of the PUC compliant with American Society of Mechanical Engineers-Bioprocessing Equipment (ASME-BPE) standards. According to the author, the findings provide certain ways in which the requirement of exclusion can be proved i.e., by establishing the technical differences, or showing legal requirements or showing that the user industry is only using a specific item and not the others. The author notes that by holding that the price difference, however significant, could not be the reason for product exclusions, the Authority has correctly emphasized on the need for evidence to substantiate differences on the basis of technical and physical characteristics. He also notes that the Authority’s findings in this MTR are also important as they highlight the importance of user participation in trade remedial proceedings...
Trade Remedy News
- Aluminium foil from China PR – India extends anti-dumping duty till 15 June 2022
- Aluminium primary foundry alloy ingot in different forms from Malaysia – India’s DGTR recommends imposition of countervailing duty
- Amoxycillin Trihydrate from China PR – India’s DGTR recommends continuation of anti-dumping duty after sunset review
- Barium chloride from India – USA initiates countervailing duty and less-than-fair-value investigations
- Caustic Soda from Japan, Iran, Qatar and Oman PR – India’s central government decides not to impose anti-dumping duty as recommended by DGTR
- Clear float glass from Iran – India’s DGTR recommends continuation of anti-dumping duty after sunset review
- Copper tubes and pipes from Malaysia, Thailand and Vietnam – India’s DGTR recommends imposition of countervailing duty
- Elastomeric filament yarn from China PR, South Korea, Taiwan and Vietnam – India’s DGTR recommends continuation of anti-dumping duty after sunset review
- Flat rolled product of steel, plated or coated with alloy of Aluminium and Zinc from China PR, Vietnam and Korea RP – India rescinds notification imposing anti-dumping duty
- High-speed steel of non-cobalt grade from Brazil, China PR and Germany – India rescinds notification imposing anti-dumping duty
- Hot rolled and cold rolled stainless steel flat products from China PR – India rescinds notification imposing countervailing duty
- Off-the-road tires from India – USA initiates sunset reviews for anti-dumping and countervailing duties
- Plastic processing machines from China PR – India’s DGTR recommends imposition of anti-dumping duty
- Polyurethane leather from China PR – India’s DGTR recommends imposition of anti-dumping duty
- Saturated fatty alcohols from Indonesia, Malaysia and Thailand – India initiates sunset review of anti-dumping duty
- Saturated fatty alcohols from Indonesia, Malaysia and Thailand – India initiates countervailing duty investigation
- Sodium Nitrite from India – USA initiates countervailing duty and less-than-fair-value investigations
- Steel nails from India – USA determines material injury due to less than fair value and subsidization
- Straight length bars and rods of alloy steel from China PR – India rescinds notification imposing anti-dumping duty
- Styrene butadiene rubber from European Union, Korea RP and Thailand – India initiates sunset review of anti-dumping duty
- Welded carbon steel standard pipes and tubes from India – USA initiates circumvention inquiry on the anti-dumping duty order
- Welded stainless pressure pipe from India – USA issues affirmative sunset reviews for anti-dumping and countervailing duties
- Welded stainless steel pipes and tubes from China PR and Vietnam – India’s mid-term review of anti-dumping duty rejects exclusion of ASME-BPE certified product
- Wire rod of alloy or non-alloy steel from China PR – India’s central government decides not to impose anti-dumping duty as recommended by DGTR
WTO News
- USA’s safeguard measures on large residential washers from Korea RP not consistent with WTO provisions
- EU initiates dispute regarding Chinese intellectual property enforcement
India Customs & Trade Policy Update
- Drones – Import in CBU/CKD/SKD form prohibited with certain exceptions
- Flat panel display modules – Import restrictions removed
- Syringes – Export restrictions removed
- Remdesivir Injection and API, Amphotericin-B Injections, Enoxaparin (Formulation and API) and Intra-Venous Immunoglobulin (IVIG) (Formulation and API) – Export Policy relaxed
Ratio decidendi
- Anti-dumping duty leviable on clearance of goods imported and warehoused before issuance of ADD notification – CESTAT Chennai
- Valuation – Commercially interchangeable goods must be of the same commercial level and substantially same quantity – CESTAT Mumbai
