Article
Standard of review in sunset review investigation – CESTAT shines new light
By Devinder Bagia and Jayant Raghu Ram
The article in this issue of International Trade Amicus discusses a recent decision of the Anti-dumping Bench of the CESTAT which examined the issue as to what is the standard of evidence that is required to be considered by an investigating authority in a sunset review. Elaborating on the CESTAT’s key findings, the authors state that the CESTAT has established some critical jurisprudence regarding the standard of evidence that the petitioning industry is required to bring forward to justify its request to continue ADD in a sunset review. The CESTAT decision also puts the spotlight on the DGTR’s decision-making process. According to the authors, by holding that the DGTR was justified in holding, inter-alia, that there was no reliable evidence to justify likelihood, the CESTAT has validated the DGTR’s decision making as fair and reasonable...
Trade Remedy News
- Aluminium Foil 5.5 Micron to 80 Micron from China PR – Indian authority (‘DGTR’) recommends continuation of anti-dumping duty after sunset review
- Barium Chloride from India – USA determines reasonable indication of material injury in ADD and CVD investigations
- Ceramic Tableware and Kitchenware, excluding Kitchen Knives and Toilet items from China PR – Indian authority recommends continuation of anti-dumping duty after sunset review
- Cold-drawn mechanical tubing of carbon and alloy steel from India – USA issues preliminary affirmative countervailing duty determination in administrative review; 2020
- Fine denier polyester staple fiber from India – USA issues preliminary determination in administrative review 2020 that countervailable subsidies were received by Reliance Industries Ltd.
- Finished carbon steel flanges from India – USA issues final determination in Administrative Review 2019-20 of no sales at less than fair value
- Fluoro Backsheet from China PR – India’s DGTR recommends definitive anti-dumping duty
- Frozen warmwater shrimp from India – USA issues preliminary affirmative determination of sales at less than fair value, in Administrative Review; 2020-2021
- Glass fibre and articles thereof from Bahrain and Egypt – Indian central government decides not to impose recommended anti-dumping
- Glazed/Unglazed Porcelain/Vitrified tiles with less than 3% water absorption from China PR – India continues definitive anti-dumping duty after sunset review
- Granular Polytetrafluoroethylene Resin from India – USA issues ADD and CVD Orders
- Graphite electrode systems from India – European Union initiates expiry reviews for anti-dumping and anti-subsidy duties
- Hydrogen Peroxide from Bangladesh and Thailand - Indian authority recommends continuation of anti-dumping duty after sunset review
- Jute products from Bangladesh and Nepal – India extends anti-dumping duty till 30 June 2022
- Melamine from EU, Japan, Qatar and UAE – Indian authority recommends definitive anti-dumping duty
- N, N’-Dicyclohexyl Carbodiimide (DCC) from China – Indian authority recommends definitive anti-dumping duty
- Oil country tubular goods from India – Canada Border Services Agency concludes a normal value review
- Organic Soybean Meal from India – USA issues final affirmative countervailing duty determination and final affirmative determination of sales at less than fair value
- Saccharin from China PR – Indian authority initiates anti-circumvention investigation for countervailing duty
- Sodium Nitrite from India – USA determines reasonable indication of material injury in ADD and CVD investigations
- Stainless steel bar from India – USA issues preliminary determination of sales at less than fair value, Administrative Review; 2020-21
- Stainless steel cold-rolled flat products from India – European Union imposes definitive countervailing duties and amends definitive anti-dumping duty
- Steel Nails from India – USA postpones preliminary determination in CVD investigation
- Steel products – European Union adjusts safeguard measures after ban on imports from Belarus and Russia
- Uncoated copier paper from Indonesia and Singapore – Indian central government decides not to impose recommended anti-dumping
WTO News
- 4 nations reach tentative consensus on TRIPS waiver for Covid-19 vaccines
- EU challenges UK’s measures for allocation of contracts for difference in low carbon energy generation – Alleges violation of national treatment clause
India Customs & Trade Policy Update
- Rice exports – Policy condition revised for exports to Europe
- Hydrofluorocarbons – Import and Export Policies revised to ‘restricted’
Ratio decidendi
- Sunset review of anti-dumping duty – Existence of sufficient factual material is mandatory to apply exception of continuation of duty – CESTAT Anti-dumping Bench
- Non-consideration of unauthenticated market research report is correct – CESTAT Anti-dumping Bench
- Non-submission of Exporters Questionnaire-Part II when not fatal – CESTAT Anti-dumping Bench
