20 June, 2014
The USA has called for ending the moratorium on complaints based on the non-violate clause in the TRIPS agreement. The Nullification of benefits clause or non violate clause (NV clause) as provided in Article XXIII enables a member to bring a complaint against another who has by any measure, which even while not in violation of WTO agreements, has nullified or impaired the bene...
By Radhika Sharma
India has finally opened its account by concluding its first Countervailing Duty (“CVD”) investigation with the issuance of the final findings [see end note 1] in the CVD investigation concerning “Castings for Wind Operated Electricity Generators” from China PR. However, this has brought to light the fact t...
By Manoj Gupta & Subhashree R
As a top merchandise trader, just behind China [see end note1], the USA is a huge import destination and a frequent user of the Anti-dumping instrument, USA is not new to innovations in AD laws and has already been through the Bryd Amendment which sought to distribute the revenue from AD levies among pet...
By Tarun Bhati
WTO Members who initiate and conduct safeguard investigations are required to abide by the requirements of both, the WTO Safeguards Agreement as well as GATT, Article XIX. Article XIX: 1(a) of GATT states, in relevant part, as follows:
“If, as a result of unforeseen developments and of the effect of the obligations incurred by a contracting party under this Agr...
By Atul Gupta & other team members, International Trade Practice
The framework for duration and review of safeguard measures is provided under Article 7 of the Agreement on Safeguards (AoSG). In this regard Article 7.2 and Article 7.5 of the AOSG are relevant. While Article 7.2 provides for extension of the measure, Article 7.5 provides for levying duty "once again" i.e. a fresh levy after th...
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