Article
Quantitative restrictions on imports of metallurgical coke affirmed: Interplay between Foreign Trade Policy and Quantitative Restrictions clarified By Ankur Sharma and Nikita Chauhan
The Delhi High Court has recently held that quantitative restrictions imposed under Section 9A of the Foreign Trade (Development and Regulation) Act, 1992 are not subject to the transitional arrangements outlined in Paragraph 1.05(b) of the Foreign Trade Policy. Elaborately discussing this decision, the authors in continuation of their earlier article covering the imposition of these restrictions in December 2024 highlight that the decision has important implications for importers. According to them, the improbability of relying on pre-existing Irrevocable Commercial Letters of Credit in instances where safeguard investigations are ongoing or anticipated, will lead to greater unpredictability. They suggest that a provision similar to the one in anti-dumping and countervailing investigations, where the Central Government must decide within 3 months of the conclusion of the investigation, must be introduced for safeguard investigations as well.
Trade News Remedy
- Acetonitrile from China PR, Russia and Taiwan – India’s DGTR recommends imposition of anti-dumping duty
- Acrylic Solid Surfaces from China PR – India imposes anti-dumping duty
- Aluminium Foil below 80 Microns from Thailand – India’s DGTR recommends continuation of anti-dumping duty after mid-term review
- Aluminium Foil upto 80 microns from China PR – India’s DGTR recommends imposition of anti-dumping duty while provisional duty has been imposed
- Azo Pigment from China PR – India’s DGTR recommends imposition of anti-dumping duty
- Beta Naphthol from China PR – India initiates anti-dumping investigation
- Clear Float Glass from Malaysia – India initiates sunset review of anti-dumping investigation
- Décor Paper from China PR – India’s DGTR recommends withdrawal of individual anti-dumping duty on imports from Kingdecor (Zhejiang) Co. Ltd.
- Digital Offset Printing Plates from China PR and Taiwan – India’s DGTR recommends imposition of countervailing duty
- Effect pearlescent pigments or mica pearlescent pigments, excluding effect pigments for automotive applications from China PR – India’s DGTR recommends imposition of countervailing duty
- Elastomeric Filament Yarns from China PR and Vietnam – India initiates anti-dumping investigation
- Emulsion Stvrene Butadiene Rubber of 1500 series from European Union, Japan, Korea RP, Russia and Thailand – India initiates anti-dumping investigation
- Ethylene Diamine from China PR, European Union, Saudi Arabia and Taiwan – India initiates anti-dumping investigation
- Flax Fabric from China PR and Hong Kong – India initiates sunset review of anti-dumping duty
- Flexible Slabstock Polyol from China PR and Thailand – India initiates anti-dumping investigation
- Flexible Slabstock Polyol from Saudi Arabia – India initiates sunset review of anti-dumping duty
- Insoluble Sulphur from China PR and Japan – India’s DGTR recommends imposition of anti-dumping duty
- Linear Alkyl Benzene from Iran and Qatar – India’s DGTR recommends imposition of anti-dumping duty
- Low Ash Metallurgical Coke from Australia, China PR, Colombia, Indonesia, Japan and Russia – India initiates anti-dumping investigation
- N-(1,3- dimethylbutyl)-N'-phenyl-p-phenylenediamine (also known as PX-13) from China PR, European Union, Korea RP and Thailand – India initiates anti-dumping investigation
- Non-Alloy and Alloy Steel Flat Products – India’s DGTR recommends imposition of provisional safeguard duty
- Plastic Processing Machines from China PR and Taiwan – India’s DGTR recommends imposition of anti-dumping duty
- Poly Vinyl Chloride Paste Resin from China PR, Korea RP, Malaysia, Norway, Taiwan and Thailand – India imposes anti-dumping duty
- Potassium Tertiary Butoxide from China PR and USA – India’s DGTR recommends imposition of anti-dumping duty
- Pretilachlor and its intermediate PEDA from China PR – India’s DGTR recommends imposition of anti-dumping duty
- Roller Chains from China PR – India imposes anti-dumping duty
- Sodium Tertiary Butoxide from China PR – India’s DGTR recommends anti-dumping duty
- Soft Ferrite Cores from China PR – India imposes anti-dumping duty
- Trichloro Isocyanuric Acid from China PR and Japan – India imposes anti-dumping duty
- Vacuum insulated flask and other vacuum vessels, of stainless steel from China PR – India imposes anti-dumping duty
- Viscose Rayon Filament Yarn (VFY) above 75 deniers from China PR – India initiates anti-dumping investigation
- Vitamin A Palmitate from China PR, EU and Switzerland – India’s DGTR recommends imposition of anti-dumping duty
- Carbon and Alloy Steel Threaded Rod from India – USA issues affirmative sunset reviews of anti-dumping duty and countervailing duty
- Hard Empty Capsules from India – USA issues preliminary determination that countervailable subsidies were provided from 1 April 2023 till 31 March 2024
- Hexamethylenetetramine from India – USA issues preliminary determination that countervailing subsidies provided from 1 April 2023 till 31 March 2024
- Lined Paper Products from India – USA issues determination of sale at less than normal value from 1 September 2022 till 31 August 2023
- Overhead Door Counterbalance Torsion Springs from India – USA postpones preliminary determinations in the less-than-fair-value investigations
- Polyester Textured Yarn from India – USA issues preliminary finding that goods not sold at less than normal value from 1 January 2023 till 31 December 2023
WTO News
- Canada initiates dispute on Chinese duties on agricultural, fishery products
- Canada initiates two disputes against US on steel & aluminium duties and other additional duties
- China files revised consultations with USA on tariff measures
India Customs & Trade Policy Update
- Postal Imports Regulations, 2025 notified
- Import and export through personal carriage by air passengers – Harmonised procedure effective from 1 May 2025
- Camera modules of mobile phones – BCD rate clarified
- Diamond re-import after certification – Variance not exceeding ±0.01mm in height is allowed
- Onions – Exemption from Export duty effective from 1 April 2025
- Bengal gram (Desi chana) – Exemption from AIDC and SWS effective from 1 April 2025
- Yellow peas – Exemption from BCD and AIDC extended for Bills of Lading issued till 31 May 2025
- Lentils (Mosur) – BCD and AIDC raised to 5% each
- Urad (Beans of SPP Vigna Mungo (L.) Hepper) – Import is ‘Free’ up to 31 March 2026
- Rice export to European countries – Requirement of certificate of inspection
- Broken rice exports made ‘free’ from 7 March 2025
- Platinum imports made ‘restricted’ – Import of alloy with 99% or more purity is free
- Urea imports – STE status of Indian Potash Ltd. extended till 31 March 2026
- Metronidazole GEL USP – SION notified
- SCOMET goods – Procedures relaxed for General Authorisation for Export after Repair
- Walnut in any form – Export Obligation period removed for imports under Advance Authorisation
FTA Update
- FTA imports – CAROTA Rules amended to substitute ‘certificate’ for ‘proof’ of origin
- India-UAE CECPA – Customs duty rates further relaxed for imports from UAE
- India-Mauritius CECPA – Customs duty rates further relaxed for imports from Mauritius
- EU and India are close to finalizing FTA
- New Zealand and India working on a comprehensive, mutually beneficial FTA
Ratio decidendi
- Anti-dumping duty on by-product cleared to DTA when both the input, brought in EOU without payment of customs duty, and the final product, were not sent to DTA – CESTAT Ahmedabad
- Crimp pumps used for dispersal of medicaments is classifiable under Customs Heading 8413 and not under Heading 9616 – CESTAT Mumbai
- Areca nut is ‘roasted’ if moisture content is less than 10%; ‘raw’ if moisture content is between 10% to 15% - Madras High Court
