Article
Concept of ‘unforeseen developments’ in Safeguard law: A continuing requirement or a fading test? By Pareesha Gupta and Abhishek Tripathi
The article in this issue of International Trade Amicus discusses the issue as to whether the WTO members remain obliged to demonstrate ‘unforeseen developments’ in order to invoke safeguard measures as per Article XIX of the General Agreement on Tariffs and Trade 1947, or whether the omission of this phrase from the WTO’s Agreement on Safeguards has effectively displaced this obligation. Analysing the legal framework and the jurisprudence around the question, the authors are of the view that omission cannot be treated as a silent amendment of the parent provision. According to them, Safeguard investigations cannot rely solely on quantitative surges, rather they must also demonstrate compliance with the ‘unforeseen developments’ requirement.
Trade News Remedy
- Acrylic Fibre from China PR, Peru and Thailand – India’s DGTR recommends imposition of anti-dumping duty
- Barium Carbonate from India – European Union imposes provisional anti-dumping duty
- Black Toner in powder form from China PR, Malaysia and Taiwan – India continues anti-dumping duty after sunset review
- Crystalline Silicon Photovoltaic Cells, whether or not assembled into modules, from India – USA initiates countervailing duty and Less-Than-Fair-Value investigations
- Flax Fabric (Woven Fabric having more than 50% Flax content) from China PR and Hong Kong – India extends anti-dumping duty till 9 February 2026
- Flax Fabrics from China PR and Hong Kong – India’s DGTR recommends continuation of anti-dumping duty after sunset review
- Fluoroelastomers (FKM) from China PR – India extends anti-dumping duty till 26 February 2026
- Freight Rail Couplers and parts thereof from India – USA initiates countervailing duty investigation and less-than-fair-value investigations
- Hot rolled flat products of alloy or non-alloy steel from Vietnam – India’s DGTR recommends imposition of anti-dumping duty
- Liquid Epoxy Resins from China PR, Korea RP, Saudi Arabia, Taiwan and Thailand – India’s DGTR recommends imposition of anti-dumping duty
- Non-Alloy and Alloy Steel Flat Products from all countries other than developing countries, except on certain products from China PR, Vietnam, Nepal – India’s DGTR recommends imposition of safeguard duty
- Oleoresin Paprika from India – USA issues notice of reasonable indication of material injury by sale at less than fair value and subsidization
- Polyethylene Terephthalate Film from India – USA initiates five-year reviews (sunset reviews) of anti-dumping and countervailing duties
- Polyvinyl Chloride Suspension Resins from China PR, Indonesia, Japan, Korea RP, Taiwan, Thailand and USA – India’s DGTR recommends imposition of anti-dumping duty
- Quartz Surface Products from India – USA issues affirmative sunset review of countervailing duty and anti-dumping duty
- Toluene Di-lsocyanate (TDI) from European Union and Saudi Arabia – India extends anti-dumping duty till 1 March 2026
- T-Shaped Elevator/Lift Guide Rails and Counterweight Guide Rails from China PR – India’s DGTR recommends imposition of anti-dumping duty
- Untreated Fumed Silica from China PR and Korea RP – India’s DGTR recommends modification of quantum of anti-dumping duty after anti-absorption investigation
WTO News
- WTO panel asks EU to revise its measures on imports of biodiesel from Indonesia
- China initiates WTO dispute regarding Canadian surtaxes, quotas on steel and aluminium goods
- Brazil initiates WTO dispute regarding US tariff measures
India Customs & Trade Policy Update
- Cotton, not carded or combed – BCD and AIDC exempted till 31 December 2025
- Jute imports from Bangladesh – Port restrictions imposed
- Diamond Imprest Authorisation – Imports not eligible for exemption from IGST and Compensation Cess
- Chemicals – EO period for imports under Advance Authorisations of products under mandatory QCOs extended
- Virgin Multi-layer Paper Board – Minimum import price imposed till 31 March 2026
- Natural honey – Minimum Export Price lowered
India FTA Update
- India and Eurasian Economic Union sign Terms of Reference to launch FTA negotiations
- India concludes FTA talks with Oman
- India, Australia conclude another round of talks for comprehensive trade pact
Ratio decidendi
- US Appeals Court rules against recent US tariffs, holding them illegal
- Advance Authorisation condition when not violated in case of transfer of duty-free goods to sister concern – Gujarat High Court
- Customs cannot confirm duty demand till EODC issued by DGFT is not cancelled – CESTAT New Delhi
- Confiscation under Section 111(d) – Violation of Rules 11 and 14 of the Foreign Trade (Regulations) Rules, 1993 not makes goods ‘prohibited’ – Gujarat High Court
News Nuggets
- Stainless steel industry seeks anti-dumping duties on cheap imports
- USA imposes 50% tariffs on India from 27 August 2025, pharma and electronics exempted
