Article
Anti-absorption provisions: New tool for strengthening trade remedial measures
By Aayush Rastogi
The article in this issue of International Trade Amicus elaborately analyses the recently introduced anti-absorption provisions under the anti-dumping and countervailing duty laws. Stating when an anti-dumping duty or countervailing duty could be considered to have been absorbed, the article notes that both the ADD and CVD anti-absorption rules provide for an expedited structure for reviewing the applied trade remedial measures while also provide for interim relief to the domestic industry during the investigation. It further notes that the scope of anti-absorption review is limited to the reassessment of the dumping/subsidy and the injury margin and thus is distinguished from a sunset or mid-term review. The article also points out one similarity of the anti-absorption provision with the rules relating to new shipper review. Finally, comparing the Indian rules with the ones prevalent in EU, USA, Australia and South Africa, the author states that inclusion of anti-absorption provisions is a welcome step for strengthening the framework of trade remedial measures...
Trade Remedy News
- Axle for trailers from China PR – India’s DGTR recommends continuation of anti-dumping duty after sunset review
- Glass Fibre and articles thereof from China PR – India’s Finance Ministry decides not to impose anti-dumping duty contrary to the recommendations of DGTR
- Organic Soybean Meal from India – USA issues preliminary affirmative determination of sales at less than fair value
- Phenol from European Union, Singapore and Korea RP – India rescinds notification imposing anti-dumping duty
- Plain Medium Density Fibre Board of thickness of 6mm and above from Indonesia and Vietnam – India rescinds notification imposing anti-dumping duty
- Polytetrafluoroethylene from Korea RP – India rescinds notification imposing anti-dumping duty
- Polytetrafluoroethylene from Russia – India rescinds notification imposing anti-dumping duty
- PVC flex films from China PR – India’s DGTR recommends withdrawal of anti-dumping duty after sunset review
- Seamless tubes, pipes and hollow profiles of iron, alloy or non-alloy steel (other than cast iron and stainless steel), of an external diameter not exceeding 355.6 mm or 14’ OD, from China PR – India continues anti-dumping duty after sunset review
- Stainless steel cold-rolled flat products from India – European Union directs for non-imposition of provisional measures under anti-subsidy investigations
- Steel and Fibre Glass Measuring Tapes and their parts and components from China PR – India imposes anti-dumping duty on goods from Singapore and Cambodia, after anti-circumvention review
- Untreated Fumed Silica from China PR and Korea RP – India imposes definitive anti-dumping duty
- Vitamin C from China PR – India’s Finance Ministry decides not to impose anti-dumping duty contrary to the recommendations of DGTR
- Wire rod of alloy or non-alloy steel from China PR – India’s DGTR recommends continuation of anti-dumping duty after sunset review
WTO News
- E-commerce negotiations – Negotiators plan to issue statement at MC12 while India questions legal status
- Moratorium on IP ‘non-violation’ cases set to be extended
- WTO Trade Report 2021 abuzz with ‘economic resilience’
- Brazil requests consultations with EU over import restrictions on poultry meat preparations
- Chinese duties on Australian wine – Panel established
India Customs & Trade Policy Update
- Customs duty lowered on imports from Sierra Leone
- Tariff rate quota quantity lowered for goods of Heading 1604 and 2208 from Mauritius
- Courier imports – Registration of authorised couriers to be valid for lifetime
Ratio decidendi
- Appeal to CESTAT maintainable against Central Government’s decision not to impose anti-dumping duty as recommended by DA – Central Government to provide reasons for not accepting recommendations – CESTAT Anti-dumping Bench
- EPCG scheme – Surrender of SHIS scrips, issued for same period, enough – Assessee not required to obtain policy relaxation – CESTAT Chennai
- Waste paper imports can even be in form of books, old or new – Inspection or investigation required to allege mis-declaration – Madras High Court
