Sunset Reviews: Whether mandatory?
Delhi High Court has recently answered in affirmative the question as to whether the Designated Authority must be satisfied that prima facie some case is made out before initiating the sunset review. According to the author, considering the fact that the Delhi High Court had earlier held that sunset review is mandatory and the Supreme Court decision in Kumho Petrochemicals did not expressly overrule the law laid down therein, the issue could have been referred to a Larger Bench. However, the decision of the Delhi High Court in the present case cannot be faulted with, as Rule 23(1B) of the Anti-Dumping Rules 1995 and Article 11.3 of the WTO’s Anti-dumping Agreement does provide that the request for a sunset review by the Domestic Industry must be ‘duly substantiated’…
Trade Remedy News
- Caustic Soda from Japan and Qatar – Indian authorities issue final findings not recommending anti-dumping duty
- Clear Float Glass of nominal thickness ranging from 4mm to 12mm (both inclusive), from Pakistan – Notification giving separate rate of ADD on new shipper made operative
- Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India – US amends preliminary determination of sales at less than fair value
- Fine Denier Polyester Staple Fiber from India – US makes preliminary affirmative determination of sales-at-less-than-fair-value
- Fluoroelastomers (FKM) from China – India initiates anti-dumping investigation
- Metronidazole from China – Indian Ministry of Finance rescinds notification imposing anti-dumping duty
- Ofloxacin from China – Indian authorities issue final findings recommending anti-dumping duty
- Saccharin from China – India authorities issue final findings in Sunset review recommending cessation of ADD
- Solar Cells whether or not assembled in modules or panels – Indian authorities issue preliminary findings recommending provisional Safeguard duty
- Stainless Steel Flanges from India – USA Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations
- Sulphonated Naphthalene Formaldehyde from China – Indian authorities issue final findings recommending anti-dumping duty
- Sun/Dust control film from China PR, Chinese Taipei, Hong Kong and Korea RP – India initiates anti-dumping duty investigation
- Zeolite 4A (Detergent Grade) from China – India initiates anti-dumping duty investigation
WTO News
- US-India solar dispute – Matter referred to arbitration under Article 22.6
- Viet Nam initiates dispute against United States over anti-dumping duties on fish
- Canada initiates dispute against United States over trade remedy measures
- US-China disputes – Reasonable period of time determined in one dispute, while compliance report issued in another
- EU’s retaliation request against Russia in dispute involving pig products referred to arbitration
- WTO’s first Director-General Peter Sutherland passes away
India Tariff Update
- Customs duty on imports from Malaysia, ASEAN, Korea RP and Japan reduced
- Temporary import of broadcasting equipment and sport goods exempted
Ratio decidendi
- Anti-dumping duty – Scope of ‘domestic industry’ - Three Member Bench (Anti-dumping Bench) of the CESTAT at New Delhi rejects contention of foreign exporter being related to Domestic Industry - Observes that in spite of the shareholding, exporter had no person in Board of Directors of NPL, and that he had not attended any of the meetings of Board of Directors or shareholders of the Indian company during relevant period
