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11 十一月 2021

International Trade Amicus: September 2021

Article

Circumvention of ADD on ‘ceramic tableware and kitchenware, excluding knives and toilet items’ from China, by imports from Malaysia – A case analysis
By Shubhi Khare

The article in this issue of International Trade Amicus analyses a recent decision of the DGTR recommending extension of anti-dumping duty being imposed on ceramic tableware and kitchenware, excluding knives and toilet items from China to import of such goods from Malaysia. The DGTR had in the anti-circumvention investigation noted that there was a clear and distinct change in the pattern of trade of import of the subject goods into India from China and Malaysia. It analysed the non-availment of Malaysia-India Comprehensive Economic Cooperation Agreement and the ASEAN-India Free Trade Agreement benefits in many imports (hinting of inadequate value addition in Malaysia) and held that the change in pattern of trade was a result of imposition of ADD on imports from China. The author notes that since the dumping was significantly high and injury was caused to the domestic industry, the present case was a plausible case for imposing ADD retrospectively...

Trade Remedy News

  • Aceto Acetyl derivatives of aromatic or hetrocyclic compounds, also known as Arylides from China PR – India’s DGTR recommends imposition of definitive anti-dumping duty
  • Aluminium and Zinc coated flat products from China PR, Vietnam and Korea RP – India terminates anti-dumping mid-term review for change of name of producer/exporter from Korea RP
  • Axle for trailers from China PR – India extends anti-dumping duty till 28 January 2022
  • Barium carbonate from China PR – India revokes anti-dumping after recommendations in sunset review
  • Ceramic tableware and kitchenware, excluding knives and toilet items from China PR – India initiates sunset review of anti-dumping duty
  • Ceramic tableware and kitchenware, excluding knives and toilet items from Malaysia – India’s DGTR, after anti-circumvention investigation, recommends anti-dumping duties as imposed on goods from China PR
  • Flat rolled products of aluminium – India’s DGTR recommends imposition of definitive anti-dumping duty
  • Flexible Slabstock Polyol from Thailand – India initiates sunset review of anti-dumping duty
  • Frozen Warmwater Shrimp from India – USA rescinds anti-dumping duty Administrative Review; 2020-2021, in Part
  • Glass Fibre and articles thereof from China PR – India’s Ministry of Finance extends anti-dumping duty till 31 October 2021 while DGTR, in its sunset review, recommends continuation of anti-dumping
  • Grinding media from India – Canada issues affirmative determination of dumping and subsidy
  • Melamine from China PR – India’s DGTR recommends continuation of anti-dumping duty after sunset review
  • Natural Mica based pearl industrial pigments excluding cosmetic grade – India imposes definitive anti-dumping duty
  • Organic Soybean Meal from India – USA issues preliminary affirmative countervailing duty determination
  • Phthalic Anhydride from China PR, Indonesia, Korea RP and Thailand – India imposes definitive anti-dumping duty
  • Polyester Yarn (polyester Spun Yarn) from China PR, Indonesia, Nepal and Vietnam – India’s DGTR recommends definitive anti-dumping duty on imports from China PR, Indonesia and Vietnam
  • Polyethylene Terephthalate film, sheet and strip from India – USA issues preliminary results and partial rescission of anti-dumping duty Administrative Review; 2019-2020
  • Polytetrafluoroethylene from Russia – India’s DGTR recommends continuation of anti-dumping duty after sunset review
  • Self-adhesive Polyvinyl Chloride Film from China PR – India terminates anti-dumping investigation
  • Stainless Steel Flanges from India – USA issues Final results of anti-dumping duty Administrative Review; 2018–2019.
  • Toluene Di- isocyanate from China PR, Japan and Korea RP – India initiates sunset review of anti-dumping duty
  • Tyre curing presses from China PR – India’s DGTR recommends withdrawal of anti-dumping duty after sunset review
  • Uncoated copier paper from Indonesia and Singapore – India extends anti-dumping duty till 28 February 2022
  • Viscose Rayon Filament Yarn above 60 deniers from China PR – India’s DGTR recommends non-imposition of countervailing duty
  • Viscose stable fibre excluding bamboo fibre from China PR and Indonesia – India revokes anti-dumping duty after recommendations in sunset review
  • Vitamin C from China PR – India’s DGTR recommends imposition of definitive anti-dumping duty

WTO News

  • WTO Panel rejects China’s plea of inconsistency in USA’s safeguard measures on CSPV products
  • DSB establishes Panel to check China’s compliance with ruling on Tariff Rate Quotas for certain agricultural products
  • Saudi Arabia challenges EU’s anti-dumping duty on mono-ethylene glycol
  • Goods Trade Barometer confirms strength of trade recovery

India Customs & Trade Policy Update

  • Import/export prohibitions and restrictions by DGFT Remission of Duties and Taxes on Exported Goods (RoDTEP) scheme notified
  • Integrated Circuits (ICs) – CHIMS implementation extended by two months
  • Aircraft and helicopter imports by Aircraft Leasing Entities in IFSC permitted

Ratio decidendi

  • Anti-dumping duty – Companies managed by family members when not affiliated – United States Court of International Trade
  • ‘Bluetooth module’ classifiable under Tariff Item 8517 62 90 – CESTAT Delhi
  • Bamboo beakers made of 72% plant fibres and 25% melamine classifiable under Heading 3924 as plastic product – Court of Justice of the European Union
  • Fire alarm containing recording system not covered under Heading 9027 as measuring instrument - United Kingdom’s First Tier Tribunal Tax Chamber

News Nuggets

  • India opposes continuation of WTO moratorium on customs duties on electronic transfer

September 2021/Issue-122 September 2021/Issue-122

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