Article
Playing on the wrong side – United States’ Section 232 measures held inconsistent with WTO law
By Jayant Raghu Ram
The WTO Panel has recently held that USA’s additional duties of 25% ad valorem on imports of steel products and 10% ad valorem on imports of aluminium products are inconsistent with various provisions of the General Agreement on Tariffs and Trade (‘GATT’), most notably the security exception in Article XXI. The article in this issue of International Trade Amicus discusses the panel’s key findings concerning the consistency of the US’ measures with GATT Article XXI which enables a WTO Member to take measures which are necessary for the protection of its essential security interests taken in time of war or other emergency in international relations. The article in this regard elaborately analyses the justiciability of measures taken pursuant to the security clause and the validity of the US measures. The author also highlights that though the US Trade Representative has already put out a bold statement unequivocally expressing its intention to not comply with the findings of the panel report, WTO Members may find relief in the fact that the panel has outrightly held these infamous measures as inconsistent with WTO law…
Trade News Remedy
- Aniline from China PR – India initiates mid-term review of anti-dumping duty
- Ceramic rollers from China PR – India terminates anti-dumping sunset review on request of domestic industry
- Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India – USA issues preliminary finding of sale at less than normal value for specified entity
- Finished Carbon Steel Flanges from India – USA continues anti-dumping order and countervailing duty order
- Finished Carbon Steel Flanges from India – USA issues finding that various firms received countervailable duties in the period of review
- Frozen Warmwater Shrimp from India – USA amends DoC’s final findings for harmonization with the decision of the U.S. Court of International Trade
- Glycine from China PR – India’s Finance Ministry rejects DGTR’s recommendations to impose anti-dumping duty
- Glycine from India – USA issues finding that various firms received countervailable duties in the period of review
- Monoisopropylamine (MIPA) from China PR – India’s DGTR recommends continuation of anti-dumping duty after sunset review
- New/unused pneumatic radial tyres (including tubeless tyres) for buses and lorries/trucks, from China PR – India’s Finance Ministry rejects DGTR’s recommendation to continue anti-dumping after sunset review
- Ofloxacin and its intermediates from China PR – India’s Finance Ministry rejects DGTRs recommendations to impose anti-dumping duty
- Open mesh fabrics of glass fibers from India – European Union grants exemption from anti-dumping duty to few Indian exporters, after review
- Paper File Folders from India – USA’s ITC finds sale at less than fair value, which has caused material injury to domestic industry
- Para-Tertiary Butyl Phenol (PTBP) from South Korea, Singapore, and USA – India initiates anti-dumping investigation
- Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) from India – USA issues finding that various firms received countervailable duties in the period of review
- Silicomanganese from India – USA issues final findings of changed circumstances review involving one firm (NAVA Limited)
- Stainless Steel Flanges from India – USA initiates antidumping duty and countervailing duty administrative review
- Stainless Steel Wire Rods from India – USA issues affirmative sunset review
- Stainless-Steel Seamless Tubes and Pipes from China PR – India imposes anti-dumping duty for five years
- Viscose Staple Fibre from China PR and Indonesia – India’s DGTR recommends continuation of anti-dumping duty (after sunset review) on imports from Indonesia
- Welded Stainless Pressure Pipe from India – USA issues preliminary finding of sale at less than fair value
WTO NEWS
- US law mandating Hong Kong produced products to be marked as originating from China, is inconsistent with WTO law
- Colombian anti-dumping duty on imports of prepared/preserved potatoes and frozen fries, from Belgium, Netherlands and Germany, is wrong
- US measures on imports of steel and aluminium products held inconsistent with WTO provisions
- China disputes US measures on semiconductor and related services and technologies
- Trade restrictions increasing amidst economic uncertainty, multiple crises
India Customs & Trade Policy Update
- India-Australia FTA – Economic cooperation and trade agreement effective from 29 January 2023
- RoDTEP – Chemicals, pharmaceuticals and iron & steel items included in list of eligible items
Ratio decidendi
- Valuation – Contemporaneous imports – Effect of exchange rate and time difference in imports – CESTAT Delhi
- Valuation – Related person – Shareholder cannot be a partner in business – CESTAT Ahmedabad
