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International Trade Amicus: June 2019

One by one, till there are none: The continuing saga of the Appellate Body
by Jayant Raghu Ram

The article in this issue of International Trade Amicus discusses the imminent problem of receding numbers of members comprising Appellate Body of WTO’s Dispute Settlement Body. Appellate Body has been of significance owing to its contribution in jurisprudence on issues of International Trade and Public International Law. Since 1995, it has been a practice to reappoint new members on retirement of existing ones. However, since 2017, US have refused to join the consensus required to appoint new members. This has resulted in gradual depletion of its numerical strength, and with two of the present three members on board retiring by end of this year, the situation will eventually render Appellate body unable to hear appeals. Though US might have its dissatisfaction with DSU, absence of an AB would significantly weaken the WTO’s dispute settlement mechanism. Considering various options available with the Members, the author is of the view that if the appellate mechanism ceases to exist then appealed decisions would be rendered ineffective…

Trade Remedy News

  • Corrosion-Resistant Steel Products from India - United States of America issues Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2017-2018
  • Digital Offset Printing Plates from China PR, Japan, Korea RP, Taiwan and Vietnam - Anti-dumping investigation initiated by India
  • Hot-Rolled Carbon Steel Flat Products from India - United States of America issues affirmative sunset reviews for Countervailing and Anti-dumping duties
  • Jute sacking cloth from Bangladesh – India imposes definitive anti-dumping duty subsequent to anti-circumvention investigation relating to ADD on jute sacking bags
  • Lined Paper Products from India – United States of America issues final results of Countervailing Duty Administrative Review; 2016 and Antidumping Duty Administrative Review; 2016-2017
  • Paracetamol from China PR - Anti-dumping duty extended by India till 24-06-2019 during the pendency of the High Court and Supreme Court litigation
  • Poly Vinyl Chloride (Resin) Suspension Grade from China PR, Thailand, USA - Anti-dumping duty extended till 12-08-2019 during the pendency of sunset review by India
  • Saccharin from China - Imposition of definitive Countervailing duty recommended by India
  • Textured Tempered Coated and Uncoated Glass from Malaysia – India issues Corrigendum to correct name of producer in Final Findings issued in January 2019

WTO News

  • US dumping duties on Canadian lumber - Canada appeals panel report
  • Qatar measures on goods from UAE - Panel established
  • Safeguard duties on specified goods imported into Indonesia, Morocco and Panama

India Customs & Trade Policy Update

  • India implements tariff retaliatory measures against USA
  • Manufacture and Other Operations in Warehouse Regulations 2019 notified
  • Export benefits – RCMC required only from one Export Promotion Council
  • FTP – No requirement of destruction certificate from excise/custom authorities
  • Smuggling of foreign currency – Guidelines for launch of prosecution revised
  • Import policy for Bio-fuels relaxed

News Nuggets

  • Flash sale price acceptable for Customs valuation purposes: WCO

Ratio decidendi

  • Valuation – Doubt to justify enquiry to be based on certain reasons - Supreme Court
  • No Anti-dumping duty on saccharin salts – Notification to be strictly interpreted: CESTAT Mumbai
  • Classification of hearing aid connectors – CJEU interprets Chapter Note 2(a) of Chapter 90 - Court of Justice of the European Union
  • Classification of vehicles – Intended use when to be considered - US Court of Appeals for Federal Circuit

June, 2019/Issue-96 June, 2019/Issue-96

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