Article
CJEU invalidates Non-Preferential Rules of Origin – A ray of hope for Indian exporters of seamless stainless-steel pipes and tubes to EU
By Gopakrushna Das
The article in this issue of International Trade Amicus focuses on the implication of the recent judgement of the Court of Justice of the European Union (‘CJEU’) relating to the Non-Preferential Rules of Origin which are used to determine the origin of goods from a country not part of any trade agreements with the EU. The CJEU has held that the primary rule for CTSH 7304 41 under the Rules of Origin is invalid to the extent it excludes the cold rolled processing performed on hot-rolled tubes or mother pipes classifiable under CTSH 7304 49. The author here points out that in view of the decision of the CJEU, the European Anti-Fraud Office (‘OLAF’) must terminate its investigations, initiated suspecting evasion of anti-dumping duties, against Indian exporters, alleging that Indian exporters were involved in import into India of Chinese origin hot-finished products and after insufficient transformation by way of cold rolling, exporting it to the EU declaring such exports as Indian originating product. According to the author, as the EU market opens, this will give a significant boost to Indian exports from this sector.
Trade News Remedy
- Aluminum Extrusions from India – USA issues affirmative determination of material injury in anti-dumping investigation
- Carbon and Alloy Steel Threaded Rod from India – USA, during an ADD Administrative review, determines sale at below normal value during 1 April 2021 to 31 March 2022
- Common Alloy Aluminum Sheet from India – USA, during a CVD Administrative review, determines that Hindalco Industries Ltd. received countervailing subsidies from 14 August 2020 to 31 December 2021
- Common Alloy Aluminum Sheet from India – USA, during an ADD Administrative review, determines that goods were not sold at less than normal value from 15 October 2020 to 31 March 2022
- Frozen Warmwater Shrimp from India – USA initiates countervailing duty investigation
- Hot-rolled flat steel from India – Türkiye initiates anti-dumping investigation
- Meta Phenylene Diamine from China PR – India’s DGTR recommends continuation of anti-dumping duty after sunset review
- Natural mica-based pearl industrial pigments excluding cosmetic grade from China PR – India’s Finance Ministry modifies duty table after mid-term review
- Optical fibre cables from India – EU initiates anti-dumping investigation
- Paper File Folders from India – USA issues ADD and CVD orders
- Paper Shopping Bags from India – USA preliminarily determines provision of countervailable subsidies from 1 January 2022 to 31 December 2022
- Stainless Steel Flanges from India – USA, during a CVD Administrative review, preliminarily finds that countervailable subsidies were provided from 1 January 2021 till 31 December 2021
- Stainless Steel Flanges from India – USA, during an anti-dumping Administrative review, issues preliminary finding of no sales at prices below normal value from 1 October 2021 till 30 September 2022
- Synthetic Grade Zeolite 4A (Detergent Grade) from China PR – India continues anti-dumping duty after sunset review
- Textured Tempered Coated and Uncoated Glass from Malaysia – India’s DGTR recommends non-continuation of anti-dumping duty after sunset review
- Toughened Glass for Home Appliances, of specified thickness and area from China PR – India imposes anti-dumping duty
- Welded Carbon Steel Standard Pipes and Tubes from India – USA determines that goods completed in Vietnam using hot-rolled steel from India are circumventing ADD order
WTO NEWS
- Global merchandise trade returning to normal though exports of intermediate goods fell during second quarter
- Steel standards principles for measuring greenhouse gas emissions endorsed
- EU’s countervailing duties on biodiesel from Indonesia – WTO panel established
- Türkiye initiates safeguard investigation on import of wire rods
- Indonesia initiates safeguard investigations on imports of artificial filament yarn, cotton fabric, cotton yarn, and woven fabrics of artificial filament yarn
India Customs & Trade Policy Update
- Onions – Minimum Export Price notified for exports till 31 December 2023
- Courier Shipping Bills – Provision introduced for advance assessment
Ratio decidendi
- Anti-dumping duty is not leviable on parts when Designated Authority conducted investigation only in context with complete machine – CESTAT Mumbai
- Description of goods as ‘used’ when machine used only for trial run, when correct – CESTAT Ahmedabad
- ASEAN FTA benefit not deniable when invoice raised by third-party country or for minor discrepancies in invoice number mentioned in the CoO certificate – CESTAT Chennai
- Clear Float Glass is classifiable under TI 7005 10 90 and not under TI 7005 29 90 – CESTAT Kolkata
- Goods used for positioning of patients on X-ray machines covered under Heading 9022 – CESTAT Ahmedabad
