Respite for Indian domestic industry: “Negative” final findings of Designated Authority appealable
By Neeraj Chhabra
Recently Delhi High Court, in the case of Jindal Poly Film, held that parties have the right to approach the Appellate Tribunal i.e. CESTAT even in case of “negative” finding by the Designated Authority (DA) in the Ministry of Commerce. The High Court observed that the DA is not different from the Central Government and that the order of the DA is final as no further examination is mandated and required by the Central Government. It also noted that even in case of negative opinion or termination of investigation, the order passed is the “order of determination”, thus appealable under Section 9C of the Customs Tariff Act. The judgment provides the domestic industry with a suitable “appellate” remedy, thus ensuring that appeals arising from “positive” recommendations and “negative” recommendations are treated at par. The judgement also ensures that the litigants have access to a technical forum with specific expertise in trade remedy matters…
Trade Remedy measures
[Measures taken by and against India]
- 1, 1, 1, 2- Tetrafluoroethene or R-134a from China – India rescinds Notification directing provisional assessment of anti-dumping duty for specific entities
- Carbon steel welded pipe from India – Canada issues affirmative findings in ADD sunset review
- Continuous cast copper wire rods from Indonesia, Malaysia, Thailand, Vietnam – India extends time for filing CVD questionnaire response till 9-11-2018
- Ductile Iron Pipes from China – India extends ADD up to 9 April, 2019 in the interim of sunset review investigation
- Flax yarn below 70 Lea count from China – India imposes definitive anti-dumping duty
- Fluroelastomers from China – India extends time for filing CVD questionnaire response till 31-10-2018
- Frozen Warmwater Shrimp from India – USA issues notice of Final Results of Anti-dumping Duty Changed Circumstances Review
- Linear Alkyl Benzene from Iran, Qatar, China – India amends duty table published vide Notification No. 12/2017-Customs (ADD) - Change of name of producer/ Exporter
- Lined Paper Products from India – USA issues Preliminary Results of ADD Administrative Review and Preliminary Determination of No Shipments; 2016-2017 and Preliminary Results of Countervailing Duty Administrative Review; Calendar Year 2016
- Nylon Filament Yarn from European Union, Vietnam – India imposes definitive anti-dumping duty
- Phthalic Anhydride from Korea RP, Taiwan, Israel – India rescinds anti-dumping duty
- Polyethylene Terephthalate (PET) from India – EU amends Council Implementing Regulation (EU) No 461/2013 imposing a definitive CVD
- Polytetrafluoroethylene Resin from India – USA issues Final Affirmative Determination of Sales at Less Than Fair Value
- Saturated Fatty Alcohols from Indonesia, Malaysia, Thailand – India amends duty table published vide Notification No. 28/2018-Customs (ADD)
- Stainless Steel Bar from India – USA issues Anti-dumping duty Order after affirmative sunset review
- Stainless Steel Flanges from India – USA issues ADD and CVD Orders
- Stainless Steel Wires from India – EU terminates anti-dumping proceeding
- Straight Length Bars and Rods of Alloy Steel from China – India imposes definitive anti-dumping duty
- Sun/dust control film from China, Chinese Taipei, Hong Kong, Korea – Indian authorities issue final findings recommending non-imposition of anti-dumping duty
WTO News
- Safeguard investigations initiated on imports of steel products, aluminium foil, pasta, blanket, cement and certain flat-rolled steel products, by different countries
- Steel Pipes – Ukraine disputes anti-dumping duties imposed by Armenia and Kyrgyz Republic
- Sugar – Brazil disputes certain Chinese measures
- Intellectual property rights protection - Qatar requests consultations with Saudi Arabia
- US safeguard on solar cells and washers, and Canadian wine measures – DSB Panels established
- Colombian measures on textiles, apparel, footwear – Compliance panel report issued
India Customs & Trade Policy Update
- India increases Customs duty on 19 products to narrow current account deficit
- Retaliatory measures against USA postponed again
- EOU, Advance authorisation and EPCG imports - IGST and Cess exemption extended
News Nuggets
- WCO holds 62nd Session of HS Committee, for classification
- EU proposes some ideas for modernisation of WTO
