11th December, 2014
India achieved a significant victory at the WTO on December 8, 2014, as the Appellate Body has held that the Countervailing Duty (CVD) measures imposed by the United States against certain Hot Rolled Carbon Steel Flat Products are inconsistent with the provisions of the Agreement on Subsidies and Countervailing Measures (ASCM) of the WTO.
The Appellate Body has emphatic...
19 March, 2014
The Dispute Settlement Body (DSB) of the World Trade Organisation (WTO) has issued its annual report elaborately explaining its procedures and working, while also thoroughly summarizing the reports circulated in year 2013.
Appellate Body work to increase in 2014
As per the report, the overall average of panel reports that have been appealed during the period 1995 to 2013 i...
By R. Subhashree
In The Trade Facilitation Agreement (TFA) was signed at Bali eliciting congratulations and relief, apparently lending credibility to the World Trade Organisation (WTO). As always the statistics look promising - reduction in cost by 10% in developed countries and upto 15 % in developing countries. However, what the agreement seeks to achieve rather impose (since it is binding ...
By Bhargav Mansatta
Article 3 of the WTO SCM Agreement provides for two types of subsidies which are considered as prohibited subsidies, namely (i) export contingent and (ii) import substitution. A member-country is not allowed to grant or maintain these types of subsidies. Article 3 provides as below:
3.1 Except as provided in the Agreement on Agriculture, the following subs...
2nd March, 2012
USA’s method of zeroing while calculating the anti-dumping duty rates has been disputed for long and held as inconsistent with the Anti-dumping Agreement of the WTO by various DSB panels. Now, as per developments last month, US is likely to amend its law and has signed an MOU with Japan and EU in this regard thereby bringing to end long pending disputes in DS322, DS294 and DS3...
By Manoj Gupta
India has joined the select group of countries that have put in place anti-circumvention law to address issues relating to circumvention of anti-dumping duties. The law has been introduced in two stages. First, sub-section (1A) was inserted into Section 9A of the Customs Tariff Act, 1975 through the Finance Act, 2011 that came into force from 8th April 2011. Secondly, the relev...
By Manoj Gupta
Last week when USA raised the issue of continuing subsidy in relation to civil aircraft from the EU, even after the adoption of the panel and appellate body’s report (DS316) concerning the same by the WTO Dispute Settlement Body (DSB), the question of effectiveness of the remedies available to the countries when the decisions of the DSB are not honored, arose again. This writ...
January, 2012/ Issue-8...
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