Anti-circumvention investigations are conducted in respect of anti-dumping measures that are already in force as on the date of initiation of the anti-circumvention investigation.

The article in this issue of International Trade Amicus intends to provide a brief overview of the legal framework in India and the trend of non-imposition of anti-dumping duty in certain cases.

An important facet of trade remedy investigations, especially, anti-dumping and countervailing duty investigations is that if a producer/exporter from the country facing such investigation fully ‘cooperates’, the investigating authority acknowledges this and awards a duty basis the data presented by such party.

The article in this issue of International Trade Amicus discusses at length the provisions relating to Mid-Term Review (‘MTR’) of anti-dumping measures.

The article in this issue of International Trade Amicus discusses an interesting proposition which arose in a recent dispute before the WTO’s DSB in the case United States - Tariff Measures on Certain Goods from China (DS543). Relying on Article 12.7 of the Dispute Settlement Understanding (‘DSU’), the United States had requested the Panel to not issue findings regarding the tariffs imposed by the United States on certain Chinese imports.

The European Union, like India, follows a lesser duty rule in case of anti-dumping investigations as is ‘desirable’ by the WTO’s Anti-Dumping Agreement.

Significant distortions methodology on imports from China as per Article 2(6a) of the EU’s amended Basic Regulation has been applied by the European Union in three original anti-dumping investigations.

The article in this issue of International Trade Amicus discusses at length the recently introduced provisions of ‘Significant Distortions Methodology’ by the European Union. The author elaborately analysis the few recent expiry reviews by EU wherein the EU authorities...

To overcome the issue of the alleged expiry of Paragraph 15(a)(ii) of the Chinese Accession Protocol and the probable illegality of the continuation of non-market economy methodology vis-à-vis China, the EU has amended its Basic Anti-dumping Regulation.

The recommendations and rulings of the WTO’s DSB are preferably to be adopted immediately after the concerned country communicates its intentions to implement them. However, if the same is not possible, the country is granted a ‘reasonable period of time’ for such implementation and subsequent compliance.