Article
A legal analysis of plurilateral rule making at WTO
By Jayant Raghu Ram
The WTO is seeing a trend where certain Members are forming plurilateral clubs and negotiating agreements outside the multilateral framework. Few such recent Agreements are Agreement on Electronic Commerce (notified on 26 July 2024), Investment Facilitation for Development Agreement and the Reference Paper on Services Domestic Regulation. The article discusses the legal basis for these agreements and assesses their compatibility with the broader principles of multilateral rule-making at the WTO. It considers Articles III and IX of the Marrakesh Agreement Establishing the WTO and observes that such plurilateral joint initiatives have neither been blessed by the Ministerial Conference nor by the broader WTO Membership. The author hence believes that such initiatives are not in harmony with the WTO’s constitution. According to him, the Membership must collectively examine these plurilateral clubs which pose a threat to the WTO and the larger interests of its Membership, the majority of which are developing country Members.
Trade News Remedy
- Acrylic Fibre from China PR, Peru, Thailand – India initiates anti-dumping investigation
- Anodized aluminium frames for solar panels/modules from China PR – India’ DGTR recommends imposition of anti-dumping duty
- Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India – USA issues preliminary finding that certain entities made sales at less than normal value from 1 June 2022 till 31 May 2023
- Continuous Cast Copper Wire Rod from Indonesia, Malaysia, Thailand, Vietnam – India initiates sunset review of countervailing duty
- Frozen Warmwater Shrimp from India – USA issues determination of sale at less than normal value during 1 February 2022 till 31 January 2023
- Glass Fibre and articles thereof from Bahrain, China PR and Thailand – India initiates anti-dumping investigation
- Glufosinate and its salt from China PR – India initiates anti-dumping investigation
- Glycine from India – USA issues preliminary determination that countervailable subsidies were provided by Kumar Industries from 1 January 2022 till 31 December 2022
- High Chrome Cast Iron Grinding Media from India – USA postpones preliminary determination in the countervailing duty investigation
- Hot rolled carbon flat products from India – USA initiates sunset review of anti-dumping duty
- Hot rolled carbon steel flat products from India – USA initiates sunset review of countervailing duty
- Isobutylene-Isoprene Rubber from China PR, Russia, Saudi Arabia, Singapore, and USA – India’s DGTR recommends imposition of anti-dumping duty
- Liquid Epoxy Resin from China PR, Korea RP, Saudi Arabia, Taiwan and Thailand – India initiates anti-dumping investigation
- Mattresses from India – USA issues determination of sale at less than fair value from 1 July 2022 till 30 June 2023
- Melamine from India – USA issues preliminary determination of provision of countervailable subsidies from 1 January 2023 till 31 December 2023
- New/unused pneumatic radial tyres, having nominal rim diameter code above 16” from China PR – India continues with countervailing duty after sunset review
- Paper Shopping Bags from India – USA issues countervailing duty and anti-dumping duty orders
- Polyethylene Terephthalate from India – European Union initiates expiry review of anti-subsidy measures
- Polyethylene Terephthalate from India – United Kingdom initiates transition review of countervailing measures
- Purified Terephthalic Acid from Korea RP and Thailand – India initiates sunset review of anti-dumping duty
- Quartz surface products from India – USA issues preliminary determination of no sale below normal value from 1 June 2022 till 31 May 2023
- Thiram in any form from European Union – India initiates anti-dumping investigation
- T-Shaped Elevator/Lift Guide Rails and Counterweight Guide Rails from China PR – India initiates anti-dumping duty investigation
- Unframed glass mirror from China PR – India’s DGTR recommends imposition of anti-dumping duty
WTO News
- European Union seeks consultations with Chinese Taipei on local content requirements in investments in off-shore wind installations
- EU’s measures affecting import of South African citrus fruits – Dispute Settlement Panel established
India Customs & Trade Policy Update
- Union Budget 2024 – Highlights of changes in Customs law and duty rates
- Compensation Cess exemption on imports by SEZ unit or developer for authorised operations – Retrospective applicability proposed
- Aircraft components and parts as prescribed in various manuals are liable to 5% IGST, subject to conditions
- Equipment and buoys for specific monsoon prediction programme exempted from IGST, subject to conditions
- Irregular Aluminium Powder – SCOMET applicability clarified
- Potato imports from Bhutan permitted without licence till 30 June 2027
- Rice export to European countries – Non-requirement of Certificate of Inspection from EIC/EIA to certain countries in Europe extended for another six months
Ratio decidendi
- Classification of goods – HSN Code of the commodity in exporting country cannot be the sole basis for its classification under Indian Customs Tarriff
- ‘Injection Stretch Blow Moulding Machine’ is classifiable as ‘Blow Moulding Machine’ and not as ‘Injection Moulding Machine’ – Not liable to anti-dumping duty
- Transponder, Muxponder and Optical splitter cards are classifiable as ‘parts’ under TI 8517 70 90
