Article
Trade remedial measures in India – 2023 year-end review
By Ankur Sharma, Jayant Raghu Ram and Nikita Chauhan
This article intends to provide a year-end round up of the trade remedy investigations related initiations, final findings, and measures imposed by the Government of India. Providing various statistics relating to initiations and countries targeted, recommendations of the DGTR, and finally the implementation of various trade remedy measures, the authors observe that the third quarter of the year was the busiest for DGTR. They also observe that while the maximum number of investigations were initiated against imports from China, the DGTR also initiated investigations on many new products such as printed circuit boards, aluminium frames for solar frames/modules, epichlorohydrin, easy open end of tin plates, etc. Further, according to them, for legacy products, a very strong case on injury with minimal impact on the user industry seems desirable to succeed. The authors also state that it will be interesting to see if the domestic industry prefers Safeguard Quantitative Restrictions as a more appropriate tool where protection is required for a shorter period.
Trade News Remedy
- Acetone from EU, Singapore, South Africa, USA – India’s DGTR recommends change of name of one producer/exporter from Singapore, in anti-dumping duty
- Acrylic Solid Surfaces from China PR – India initiates anti-dumping duty investigation
- Aluminium Alloy Road Wheel from China PR – India’s DGTR recommends revised anti-dumping duty after sunset review
- Aniline from China PR – India’s DGTR recommends continuation of anti-dumping duty after mid-term review
- Atrazine Technical from China PR – India initiates sunset review of countervailing duty
- Brass Rod from India – USA issues final affirmative determination of provision of countervailable subsidies from 1 April 2022 to 31 March 2023
- Brass Rod from India – USA issues preliminary determination that subject goods were already being or were likely to be sold at less than fair value. The period of investigation was from 1 Aprill 2022 to 31 March 2023.
- Carbon steel welded pipe from India – Canada issues affirmative finding of resumption of dumping and subsidisation, after ADD and CVD expiry review
- Chlorinated Polyvinyl Chloride (CPVC) from China PR and Korea RP – India initiates sunset review of anti-dumping duty
- Circular Welded Pipe and Tube from India – USA issues affirmative finding in anti-dumping duty expiry review
- Corrosion-resistant steel sheet from India – Canada initiates anti-dumping duty expiry review
- Ethylene Vinyl Acetate (EVA) Sheet for Solar Module from China PR – India’s DGTR recommends continuation of anti-dumping duty after sunset review
- Finished Carbon Steel Flanges from India – USA issues determination that goods were sold at less than normal value from 1 August 2021 to 31 July 2022
- Glycine from India – USA issues determination that Kumar Industries received countervailable subsidies from 1 January 2021 to 31 December 2021
- Gypsum Board / Tiles with lamination at least on one side from China PR and Oman – India imposes definitive anti-dumping duty
- Industrial Laser Machines, used for cutting, marking, or welding from China PR – India imposes definitive anti-dumping duty
- Meta Phenylene Diamine from China PR – India continues anti-dumping duty after sunset review
- New pneumatic radial tyres for buses and lorries from China PR – India initiates sunset review of countervailing duty
- Non-Refillable Steel Cylinders from India – USA issues preliminary determination that subject goods were already being or were likely to be sold at less than fair value. The period of investigation was from 1 Aprill 2022 to 31 March 2023.
- Paper Shopping Bags from India – USA issues preliminary affirmative determination of sales at less than fair value
- Para-Tertiary Butyl Phenol (PTBP) from Korea RP, USA and Singapore – India’s DGTR recommends imposition of anti-dumping duty
- Polyester Textured Yarn from India – USA issues preliminary determination of sale at less than normal value from 1 January 2022 till 31 December 2022
- Printed Circuit Boards (PCB) from China PR and Hong Kong – India’s DGTR recommends imposition of anti-dumping duty
- Self-Adhesive Vinyl (SAV) from China PR – India’s DGTR recommends imposition of anti-dumping duty
- Silicomanganese from India – USA issues determination that goods were sold at less than normal value from 1 May 2021 to 30 April 2022
- Stainless Steel Bar from India – USA issues affirmative final results of expiry review
- Synthetic Grade Zeolite 4A from Iran and Thailand – India imposes definitive anti-dumping duty
- Welded Carbon Steel Pipes and Tubes from India – USA continues anti-dumping duty after sunset review
- Welded Stainless Pressure Pipe from India – USA issues preliminary results determining that goods were sold at less than normal value from 1 November 2021 to 31 October 2022
- Wheel Loaders from China PR – India imposes definitive anti-dumping duty
WTO NEWS
- India appeals second panel report in dispute regarding Indian tech tariffs
- Türkiye initiates safeguard investigations on ‘knitted or crocheted fabrics’ and ‘other paper and cardboard’
- Madagascar initiates safeguard investigation on polypropylene woven sheaths and bags
India Customs & Trade Policy Update
- Computers – Import restrictions inapplicable to Desktop Computers, etc. falling under HS Code 8471
- Molasses resulting from the extraction or refining of sugar – Export duty of 50% imposed
- Soya-bean, sunflower and palm oils – BCD and AIDC reduction extended till 31 March 2025
- Urad and Tur – Imports ‘Free’ till 31 March 2025
- Yellow peas exempted from BCD and AIDC, while import policy also relaxed
- Lentil (Mosur) – Exemption from AIDC extended till 31 March 2025
- De-oiled rice bran – Export prohibition extended till 31 March 2024
- Onion exports prohibited till 31 March 2024
- Screws – Imports prohibited if CIF value is less than INR 129/kg
- Silver imports – Policy Condition introduced to Chapter 71
Ratio decidendi
- No anti-dumping duty when goods imported by EOU destroyed in accident – CESTAT Chennai
- Third-party invoicing under ASEAN-India FTA – ‘Third country’ includes any number of countries – Customs AAR
- Echo family devices, having ability to recognize voice commands and interact with AVS, are classifiable under Heading 8517 and not under Heading 8518 or 8528 – Exemption notification is not relevant for classification – Delhi High Court
- Front, middle and back covers of cellular phones are classifiable under TI 8517 70 90 – Classification cannot be decided by MeITY or Customs exemption notification – CESTAT New Delhi
- Data Collection Device, a card reader working in conjunction with server, is classifiable under Heading 8543 – CESTAT Bengaluru
- Data Projectors are classifiable under TI 8528 62 00 – Presence of additional ports such as HDMI, etc., is immaterial – Customs AAR
