Article
The price puzzle: Unpacking the distinct roles of Reference Price and Minimum Import Price in the Indian trade laws By Devinder Bagia and Nithya S.
Application of Reference Price in Indian trade remedy investigations and imposition of Minimum Import Price under the Foreign Trade (Development and Regulation) Act, 1992 on the import of any goods into India are two distinct but often misunderstood tools. The first article in this issue of International Trade Amicus aims to elucidate the distinct features of these two mechanisms, clarify the legal and procedural frameworks governing them, and dispel the common misconceptions. The authors in this regard delve deep in the concept, legal framework and operational mechanism for both the tools to regulate imports. According to them, to address the prevailing confusion, policymakers may consider issuing trade notices and stakeholder outreach to clearly differentiate the two measures which can aid in demystifying these two distinct yet similarly worded instruments.
Strengthening India’s Export Controls: The critical role of internal compliance programs By Srinidhi Ganeshan and Shambhavi Mishra
To ensure compliance with the global mandates, India strictly regulates export of dual use items, i.e., items which, though used regularly for civilian purposes, could also be of use for military application. Examining the legal framework, the SCOMET list including Catch-all Controls, the second article in this issue of the newsletter discusses as to why export control compliance is crucial. Highlighting the crucial role of Internal Compliance Programs (ICP) and as to what makes a good ICP, the authors observe that an ICP is the need of the hour for the exporters in India to safeguard themselves from consequences of any non-compliance under the export control regime. According to them, an ICP gives exporters a structured way to comply with the law, avoid inadvertent violations, and keep their business running smoothly, and hence ICPs are not just a legal requirement but they are a strategic tool.
Trade News Remedy
- 2,4-Dichlorophenoxyacetic Acid from India – USA issues countervailing duty and anti-dumping orders
- Black Toner in powder form from China PR, Malaysia and Taiwan – India’s DGTR recommends continuation of anti-dumping duty after sunset review
- Carbon and Alloy Steel Threaded Rod from India – USA initiates anti-dumping and countervailing duty administrative reviews for different periods
- Carbon and Alloy Steel Wire from India – Canada initiates anti-dumping investigation
- Ceramic Tiles from India – USA terminates anti-dumping investigation
- Common Alloy Aluminum Sheet from India – USA initiates anti-dumping and countervailing duty administrative reviews for different periods
- Epoxy Resins from India – USA terminates anti-dumping and countervailing duty investigations
- Frozen Warmwater Shrimp from India – USA rescinds anti-dumping administrative review for period 1 February 2023 till 31 January 2024
- Glufosinate and its salt from China PR – India imposes anti-dumping duty
- Hexamethylenetetramine from India – USA issues preliminary affirmative determination of sales at less than fair value
- Large Diameter Welded Pipe from India – USA continues anti-dumping duty and countervailing duty orders after affirmative sunset reviews
- Lined Paper Products from India – USA issues affirmative countervailing duty administrative review for period from 1 January 2022 till 31 December 2022
- New Pneumatic Off-The-Road Tires from India – USA initiates countervailing duty administrative review for period from 1 January 2024 till 31 December 2024
- Oil Country Tubular Goods from India – USA issues affirmative countervailing duty administrative review for period from 1 January 2022 till 31 December 2022, and negative anti-dumping administrative review for the period from 1 September 2022 till 31 August 2023
- Polyethylene Terephthalate Film, Sheet, and Strip from India – USA issues anti-dumping administrative review for period from 1 July 2022 till 30 June 2023
- Quartz Surface products from India – USA initiates anti-dumping and countervailing duty sunset reviews
- Sodium Citrate from China PR – India continues anti-dumping duty after sunset review
- Textured Tempered Coated and Uncoated Glass from China PR and Vietnam – India imposes anti-dumping duty
- Textured Toughened (Tempered) Coated or Uncoated Glass from Vietnam – India imposes countervailing duty
- Thiram in any form from EU – India’s DGTR recommends anti-dumping duty
- Titanium dioxide from China PR – India imposes anti-dumping duty
WTO News
- EU’s carbon border adjustment mechanism (CBAM) and trading greenhouse gas emission allowances challenged in WTO by Russia
India Customs & Trade Policy Update
- Anti-dumping duty on Titanium Dioxide from China PR – Facility introduced in Bill of Entry for declaration if import is for use in excluded products
- RoDTEP benefit restored for Advance Authorisation holders, EOUs and units in SEZs
- Bangladesh – Port restrictions imposed on certain imports
- Pakistan – Imports and transit prohibited
- Roller Chains and parts – Import at CIF value less than INR 235/kg is restricted
- Cabinet hinges – Import at CIF value less than INR 280/kg is restricted
- Leather – Export conditions relaxed for Finished leather, Wet Blue leather, Crust leather and EI Tanned leather
- Bangalore Rose Onions – Exports relaxed
- Works of art and antiques – Exemption when imported for public exhibition
India FTA Update
- India-UK FTA talks successfully concluded – Key highlights
- India and Chile sign terms of reference for CEPA negotiations
- India-New Zealand FTA – First round of negotiations concludes
- India-Oman FTA talks – ‘Omanisation’ is the last key issue
Ratio decidendi
- Anti-dumping duty – Burden is on Domestic Industry to prove that imports fall under ‘like article’ – PUC is to be determined at stage of initiation of investigation – Gujarat High Court
- Metal clad PCBs are covered as PCBs – Exemption available to aluminium based copper clad laminates for production of aluminium clad PCBs even prior to 2 February 2022 – CESTAT New Delhi
- SAFTA imports – Origin of goods when cannot be doubted – CESTAT Ahmedabad
- ‘Mechanical Electrical Assembly Front’ is covered under ‘Display Assembly’ of a cellular mobile for exemption under Notification No. 57/2017-Cus. – Department’s reliance on MEITY Report and two CBIC Circulars rejected – CESTAT New Delhi
- ‘Lemoneez’, a blend of lemon juice concentrate with water, is classifiable under TI 2009 31 00 and not under TI 2016 90 19 – CESTAT Kolkata
News Nuggets
- E-filing in trade remedy investigations – Digital platform to be launched soon
- USA’s Reciprocal and Trafficking Tariffs held illegal by US Court of International Trade
