Has the clock stopped ticking? India’s export subsidies under the SCM Agreement
By Jayant Raghu Ram
The United States has upped the ante in its efforts to – what it perceives – rebalance its trade dynamic with other countries. In the middle of the trade war with China, the United States has also aimed its barrels at India, initiating a dispute at the WTO against India (DS 541) in respect of its alleged export subsidy programmes. The article in this regard deliberates upon the provisions of the WTO Agreement on Subsidies and Countervailing Measures and the ambiguity surrounding the relation between Annex VII(b) and the language of Article 27.2(b) thereof. India’s stand has always been that the text of Annex VII(b) when read with Article 27.2 (b) entitles it to maintain its subsidies for another eight years upon graduation. According to the author, India may have to consider alternatives within the policy space available under the WTO Agreements to meet its ambitious export targets. Some of these alternatives could be the provision of consumer subsidies, and domestic producer subsidies that are not contingent upon export performance...
Trade Remedy News
- Atrazine Technical from China – India initiates countervailing duty investigation
- Continuous Cast Copper Wire Rods from Indonesia, Malaysia, Thailand, Viet Nam – India initiates countervailing duty investigation
- Flat Base Steel Wheels from China – India continues anti-dumping duty after sunset review
- Glass Fibre and articles thereof from China – India extends anti-dumping duty to imports of Glass Chopped Strand Mats from a company in Thailand
- Glycine from India – USA issues Preliminary affirmative CVD determination
- Graphite Electrodes of all diameters from China – India discontinues anti-dumping duty after negative findings in mid-term review
- Jute Products from Bangladesh and Nepal – India to provisionally assess certain New Shippers during the pendency of New Shipper Review
- Large Diameter Welded Pipe from India – USA issues Preliminary Determination of Sales at Less Than Fair Value
- Phthalic Anhydride from Korea RP, Taiwan and Israel – Indian authorities recommend discontinuation of anti-dumping duty, in sunset review
- Quartz Surface Products from India – USA postpones Preliminary Determination in the Less-Than-Fair-Value Investigation
- Silicomanganese from India – USA initiates five year sunset review
- Straight length Bars & Rods of Alloy Steel from China – Indian authorities recommend imposition of anti-dumping duty
WTO News
- Indian Safeguard duty on solar cells – Malaysia and Customs Territory of Taiwan, Penghu, Kinmen and Matsu seek consultations
- China disputes USA’s additional tariffs on Chinese imports
- Paper and cellulose pulp – United States files appeal in dispute with Canada, while Canada seeks consultation with China on compliance
- Ukraine appeals Panel reports in Russian railway equipment import restrictions case and in Ammonium Nitrate from Russia case
- United States seeks consultation with Russia on additional duties on US imports
- Dominican Republic appeals Panel ruling on tobacco plain packaging requirements
India Customs & Trade Policy Update
- EPCG – Shifting of capital goods, and EO fulfilment intimation
- Bio-fuels – Export and Import Policy revised from ‘free’ to ‘restricted’
- Export of SCOMET items for repair/display – Procedure
- India again postpones retaliatory measures against USA
- System Driven approval of MEIS for exports from EDI ports – Guidelines
Ratio decidendi
- Interim review of anti-dumping duty – Changed circumstances to be in respect of all exporting producers - European Union’s General Court
- Pre-cooked and fried noodles to be classified as ‘dried’ pasta – Court of Justice of European Union
