Article
Becoming trade remedies-ready – A practical guide for producers and exporters
By Devinder Bagia and Jayant Raghu Ram
The article in this issue of International Trade Amicus intends to bridge the awareness gap with respect to trade remedial investigations, and sensitize producers/exporters on certain aspects which will help prepare them for any potential trade remedial investigation. Deliberating on the importance of Enterprise Resource Planning (ERP), as the key raw material in any trade remedial investigation is the data of the participating producer and exporter, the article also notes that ERP becomes important not just for preparation of questionnaire response but also for its verification by the investigating authority. The article, in this regard, also notes the importance of regular cost and price monitoring for the goods sold in the export and domestic markets. Further, the article also observes that it is important for a producer to ensure that its traders/exporters are willing to support it and participate in a trade remedial investigation. According to the authors, producers/exporters must aim to secure their position in the market by participating in the investigation and getting the best results/best rate of ADD/CVD for themselves.
Trade News Remedy
- Brass Rod from India – USA initiates anti-dumping and countervailing duty investigations
- Carbon and alloy steel threaded rod from India – USA issues preliminary result of sale below normal value between 1 April 2021 to 31 March 2022
- Carbon steel welded pipe from India – Canada initiates re-investigation to update the normal values and export prices, and amounts of subsidy
- Common alloy Aluminum sheet from India – USA issues preliminary affirmative determination of countervailable subsidies during 14 August 2020 till 31 December 2021, and no sale at less than normal value between 15 October 2020 till 31 March 2022
- Corrosion-resistant steel sheet (COR) from India – Canada determines normal values for future shipments, at the rate 40.0%, expressed as a percentage of the export price
- Dispersion Unshifted Single-mode Optical Fiber (‘SMOF’) from China PR, Indonesia and Korea RP – India’s DGTR recommends definitive anti-dumping duty
- Fine denier polyester staple fiber from India – USA issues notice of Commission determinations to conduct full five-year review of Countervailing duty
- Lined paper products from India – USA issues affirmative sunset review of anti-dumping duty
- New Pneumatic Off-the-Road Tires from India – USA continues anti-dumping and countervailing duty orders
- Non-refillable steel cylinders from India – USA initiates anti-dumping and countervailing duty investigations
- Paper file folders from India – USA issues preliminary affirmative determination of sales at less than fair value
- Pentaerythritol from China PR, Saudi Arabia and Taiwan – India initiates anti-dumping investigation
- Polyvinyl Chloride Suspension Resins with residual VCM above 2PPM from China PR, Taiwan, USA and Russia – India’s DGTR recommends Safeguard Quantitative Restrictions
- Saturated Fatty Alcohol of Carbon chain length C10 to C18 and their blends from Indonesia, Malaysia and Thailand – India imposes countervailing duty
- Welded carbon steel pipes and tubes from India – USA issues affirmative sunset review of anti-dumping duty
WTO NEWS
- India appeals panel report regarding Indian tech tariffs
- Subsidy notifications – Platform launched to promote access to subsidy information though concerns loom large over lack of transparency
- WTO members review ways to facilitate digital trade and electronic transactions
India Customs & Trade Policy Update
- Crude soyabean oil and crude sunflower seed oil – Exemption from BCD and AIDC when imported under Tariff Rate Quota authorisation
- India-Sri Lanka FTA – Electronic Certificate of Origin acceptable
- Apples import prohibited if CIF import price is less than INR 50 per kg
- Broken rice export prohibited
- Rice exports to certain European countries relaxed – Certificate of Inspection not mandatory for six months
- Cough syrup export permitted only after testing
- Battery imports – Requirement of online registration according to Battery Waste Management Rules, 2022
Ratio decidendi
- ‘Pre-import condition’ under advance authorisation scheme was not ultra vires Foreign Trade Policy – Supreme Court
- Stainless steel tube or pipe fittings when are not ‘sleeves’ – Court of Justice of the European Union
