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01 January 0001

International Trade Amicus: October 2017

by Aayush Singla

Article

Connotation of term “Country of Export” in Anti-Dumping Duty Notification

In today’s business environment, it is a common practice for manufacturing companies to have extended trading arms (whether related or unrelated) which may be established in different countries for managing the export business. For example, a manufacturing company in China may have a company registered in Singapore for managing its export transactions to India. Considering earlier decision of the Tribunal, it is found that the country of export is to be determined on the basis of the place from where the goods are physically shipped. It has been held that the location of exporter is irrelevant...

 

Trade Remedy News

  • Ammonium Nitrate from Russia, Indonesia, Georgia and Iran – India imposes definitive anti-dumping duty
  • Belting Fabric from China – India initiates anti-dumping investigation
  • Carbazole Violet Pigment 23 from India – USA rescinds Countervailing Duty Administrative Review; 2015
  • Castings for Wind Operated Electricity Generators, from China – India imposes definitive anti-dumping duty
  • Caustic Soda Japan and Qatar – Indian authorities extend time for completion of ADD investigation, till 13-1-2018
  • Ceramic Tableware and Kitchenware, excluding knives and toilet items from China - Indian authorities extend time for completion of ADD investigation, till 12-1-2018
  • Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India - Preliminary Affirmative Countervailing Duty Determination issued by USA
  • Color coated/pre-painted flat products of alloy or non-alloy steel from China and EU – Indian authorities recommend imposition of definitive anti-dumping duty
  • Frozen Warmwater Shrimp from India - ADD Administrative Review; 2015-2016 - Final weighted-average dumping margins issued by USA
  • High Tenacity Polyester Yarn from China – Indian authorities issue Corrigendum to initiation Notification, changing PUC
  • Hollow Structural Sections from India – Australia terminates anti-dumping investigation
  • Hot Rolled and Cold Rolled Stainless steel flat products from China – India imposes definitive Countervailing duty
  • Melamine from European Union, Iran, Indonesia and Japan – India extends anti-dumping duty consequent to initiation of sunset review
  • Metronidazole from China – India extends anti-dumping duty consequent to initiation of sunset review
  • Naphthalene - Crude from China, European Union, Russia, Iran, and Japan, and Refined from China, European Union and Taiwan – Indian authorities extend time period for investigation
  • Non-Woven Fabric from Malaysia, Indonesia, Thailand, Saudi Arabia and China - Final findings by Indian authorities recommend termination of investigation
  • Normal Butanol or ‘N’ Butyl Alcohol from Saudi Arabia - Indian authorities extend time period for investigation
  • Nylon Filament Yarn (Multi Filament) - Time for filing questionnaire response extended by India
  • O-Acid from China - Indian authorities extend time period for investigation
  • Para Nitro Aniline from China – Indian authorities recommend imposition of definitive anti-dumping duty
  • Polybutadiene Rubber from Korea RP, Russia, South Africa, Singapore and Iran - Indian authorities extend time period for investigation
  • Polyethylene Terephthalate Resin from India – Canada initiates investigation into alleged dumping and injurious subsidization
  • Polyethylene Terephthalate Resin from India – USA rescinds Antidumping Duty Administrative Review; 2015/2017
  • Resorcinol from China and Japan - Indian authorities extend time period for investigation
  • Rubber Chemicals from EU and China – Indian sunset review recommends continuation of duty on PX-13 from EU and MOR from China
  • Stainless Steel Flanges from India – USA initiates CVD investigation and determines reasonable indication of material injury in respect of anti-dumping duty
  • Straight Length Bars & Rods of Alloy Steel from China – India initiates anti-dumping investigation
  • Styrene Butadiene Rubber (SBR) of 1500 and 1700 series from European Union, Korea RP or Thailand – India imposes definitive anti-dumping duty
  • Sulpbonated Naphthalene Formaldehyde from China – India extends time for completion of ADD investigation
  • Toluene Di-Isocyanate from China, Japan, Korea - Indian authorities extend time period for investigation
  • Tyres - New/unused pneumatic radial tyres with or without tubes and/or flap of rubber (Including tubeless tyres) for buses and trucks, from China – India imposes definitive anti-dumping duty
  • Welded Carbon Steel Pipes and Tubes from India – US authorities issue affirmative findings in sunset review
  • Wire Rod of Alloy or Non-alloy steel from China – Indian authorities recommend imposition of definitive anti-dumping duty

 

WTO News

  • China Tariff Rate Quotas for certain agricultural products - Panel established in DS517
  • Ukraine files dispute against Kazakhstan’s anti-dumping duties
  • Korea-India Comprehensive and Economic Partnership Agreement reviewed
  • Indonesia disputes Australian duties on paper imports
  • Appellate Body holds US B&O Aerospace Tax rate as not an ‘export subsidy’
  • EU’s Anti-dumping measures on Fatty Alcohols from Indonesia - Appellate Body issues report
  • EU files appeal against panel ruling in EU duties on PET from Pakistan
  • Brazil’s Taxation programs found to be inconsistent with WTO obligations

 

Ratio decidendi

  • Continuation of anti-dumping duty after initiation of sunset review – Delhi High Court has observed that factors that should weigh with the Central Government, both for the initiation of the Sunset Review and for continuation of ADD cannot be said to be unconnected

 

October, 2017/Issue-76 October, 2017/Issue-76

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