Article
Retrospective amendments to Tribunal’s appellate jurisdiction under trade remedy laws: To be or not to be!
By Devinder Bagia and Aayush Rastogi
The retrospective amendments proposed by the Finance Bill, 2023 to Section 9C and other related provisions of the Customs Tariff Act, 1975 have tried to resolve the dispute regarding powers of the CESTAT to entertain appeals against the Ministry of Finance’s refusal to impose the trade remedy measures despite receiving positive recommendations from the DGTR. The article in this issue of International Trade Amicus traces the background of the issue, the previous jurisprudence thereon, the recent amendments proposed, and concludes with some comments for the readers. The authors opine that if the amendments have their intended effect, the domestic industry in India will not have a statutory appeal remedy against the MoF’s decisions not to impose the measures despite going through the full rigors of the investigation process before the DGTR. However, it is possible that such decisions can still be questioned before the constitutional courts under Article 226 of the Constitution of India. They also raise few pertinent questions which according to them have been left unanswered, and state that the precedents on the issue and the wordings of amendment could also give rise to further litigation.
Trade News Remedy
- Cut-To-Length Carbon Quality Steel Plate from India – USA initiates anti-dumping and countervailing duty sunset reviews
- Fine Denier Polyester Staple Fiber from India – USA initiates anti-dumping and countervailing duty sunset reviews
- Fishing net from China PR – India initiates ADD anti-circumvention investigation in respect of imports from Malaysia
- Forged Steel Fluid End Blocks from India – USA issues preliminary determination of receipt of countervailing subsidies in Countervailing Duty Administrative Review; 2020-2021
- Lined paper products from India – USA initiates anti-dumping and countervailing duty sunset reviews
- Polyethylene Terephthalate Film, Sheet, and Strip from India – USA issues anti-dumping duty administrative review; 2020-2021 determining that M/s. SRF did not make sales at less than normal value
- Saturated Fatty Alcohol from Indonesia, Malaysia, and Thailand – India’s DGTR recommends imposition of definitive countervailing duty and continuation of (after sunset review) anti-dumping duty
- Sodium Nitrite from India – USA issues anti-dumping duty and countervailing duty orders
- Steel nails from India – USA’s International Trade Commission determines absence of material injury
- Welded Carbon Steel Standard Pipes and Tubes from India – USA issues final negative determination of circumvention of the anti-dumping duty order
WTO NEWS
- Role of digital public infrastructure in promoting e-commerce – India seeks comments
India Customs & Trade Policy Update
- High-risk food products can be imported only through specified 79 ports w.e.f. 1 March 2023
- Toys import – Requirement of compliance of BIS standards clarified
- Vessels and other floating structures for breaking up – BCD exempted till 31 March 2025
- Cashew kernel, broken or whole – Minimum Import Price (MIP) conditions relaxed for EOUs and SEZs
- Agri-residue based biomass and briquettes/pellets are ‘free’ for export
- Areca nuts and supari (betel nut product) – Minimum Import Price raised/prescribed, however EOUs and SEZs exempted subject to conditions
Ratio decidendi
- Power pack capable to generating electricity, storing it, and supplying to various electrical devices is classifiable as accumulator – CESTAT New Delhi
