Article
A question on ‘standing’ of the domestic producer in anti-dumping cases
By Rizwan Shah
The article in this issue of International Trade Amicus analyses a recent DGTR Final Finding in an anti-dumping investigation concerning imports of ‘Metronidazole’ originating in or exported from China PR and focusses on the question of eligibility of a company as a domestic industry to file the anti-dumping application for the product under the extant anti-dumping law. Stating that the twin exceptions, wherein the domestic producer(s) may be considered ineligible to file application for investigation despite fulfilling the prescribed threshold, use the word ‘may’ which provide a discretion to the DGTR to determine ineligibility on a case-to-case basis, the article highlights how the past practices have varied from one investigation to the other. Elaborately discussing the recent final finding, the author states that how the Authority has attempted to provide a detailed reasoning replete with relevant domestic and WTO jurisprudence to justify its stand on the issue. The author believes that hopefully the present findings can be used to provide some broad principles or guidelines to follow for other cases.
Trade News Remedy
- Aluminium Alloy Road Wheel from China PR – India initiates sunset review of anti-dumping duty
- Aluminium Extrusions from India – USA initiates anti-dumping and countervailing duties investigations
- Carbon steel welded pipe from India – Canada concludes re-investigation of normal values and export prices
- Cellophane Transparent Film from China PR – India initiates anti-dumping investigation
- Copper Tubes & Pipes from Vietnam – India’s DGTR terminates new shipper review for countervailing duty
- Digital Offset Printing Plates from China PR and Taiwan – India initiates countervailing duty investigation
- Digital Offset Printing Plates from China PR, Japan, Korea RP, Vietnam, and Taiwan – India initiates sunset review of anti-dumping duty
- Epichlorohydrin from Korea RP, Thailand, China PR – India initiates anti-dumping duty investigation
- Epichlorohydrin from Thailand – India initiates countervailing duty investigation
- Flax Yarn of below 70 Lea Count from China PR – India continues with anti-dumping duty after sunset review
- Granular Polytetrafluoroethylene Resin from India – USA amends CVD order for countervailable subsidy rate assigned to Gujarat Fluorochemicals Limited
- Gypsum board / tiles with lamination at least on one side from China PR and Oman – India’s DGTR recommends imposition of anti-dumping duty
- Halobutyl-Rubber (HIIR) from Japan, Russia, Singapore, UK, USA – India initiates anti-dumping investigation
- Industrial laser machines used for cutting, marking and welding from China PR – India’s DGTR recommends imposition of anti-dumping duty
- Isopropyl alcohol from China PR – India initiates anti-dumping investigation
- Lined Paper Products from India – USA issues preliminary determination of sales at less than normal value from 1 September 2021 to 31 August 2022
- Metronidazole from China PR – India’s DGTR recommends non-imposition of anti-dumping duty
- Natural mica-based pearl industrial pigments excluding cosmetic grade from China PR – India’ DGTR recommends anti-dumping duty to be modified consequent to mid-term review
- New Pneumatic Off-the-Road Tires from India – USA issues determination of sales at less than normal value during 1 March 2021 to 28 February 2022 and determination that countervailing subsidies were provided during 1 January 2021 to 31 December 2021
- Paper File Folders from India – USA issues final affirmative CVD determination and final affirmative determination of sales at less than fair value
- Poly Vinyl Chloride Paste Resin from China PR, Korea RP, Malaysia, Norway, Taiwan & Thailand – India initiates anti-dumping investigation
- Roller Chains from China PR – India initiates anti-dumping investigation
- Soft Ferrite Cores from China PR – India initiates anti-dumping investigation
- Stainless steel bar from India – USA initiates anti-dumping duty new shipper review
- Stainless steel flanges from India – USA issues affirmative finding of recurrence of material injury in CVD and ADD sunset review
- Synthetic Grade Zeolite 4A from Iran and Thailand – India’s DGTR recommends imposition of anti-dumping duty
- Tees and elbows, except 180º elbows and reducing elbows, for butt welding fittings from India – Argentina initiates anti-dumping investigation
- Thermoplastic Polyurethane (TPU) from China PR – India initiates anti-dumping investigation
- Trichloro Isocyanuric Acid from China PR and Japan – India initiates anti-dumping investigation
- Viscose Rayon Filament Yarn from China PR – India’s DGTR recommends imposition of anti-dumping duty
- Welded Stainless-Steel Pipes and Tubes from China PR and Vietnam – India initiates sunset review of countervailing duty
- Welded Stainless-Steel Pipes and Tubes from Thailand and Vietnam – India initiates anti-dumping investigation
- Wheel loaders from China PR – India’s DGTR recommends imposition of anti-dumping duty
WTO NEWS
- WTO members reach deal to support least-developed countries on path to graduation
- USA’s anti-dumping measures on oil country tubular goods from Argentina – WTO panel established
- Madagascar initiates safeguard investigation on diapers and sanitary napkins
India Customs & Trade Policy Update
- Laptops, tablets, personal computers, etc. – Exemption from import authorisation provided in specific cases
- New All Industry Rates (AIR) of Drawback to be effective from 30 October 2023
- Restricted import authorisation – Issuance of physical copy discontinued for EDI ports
- Rice, parboiled – Export duty extended till 31 March 2024
- Onion exports exempted from customs export duty but Minimum Export Price made effective from 29 October
- Coal Import Monitoring System (CIMS) – Importers allowed to register till date of arrival of consignment
- Ferro Molybdenum import under India-Korea CEPA – Bilateral safeguard measures imposed
- Jewellery reimports allowed without import licence
Ratio decidendi
- Refund of anti-dumping duty is not restricted by Customs Tariff Section 9AA – CESTAT Ahmedabad
