Refine your search
34 results found
TPM Solicitors & Consultants | India | 23 Sep 2022
CESTAT finds unjustified rejection of DGTR recommendations improper
A Customs Excise and Service Tax Appellate Tribunal (CESTAT) judgment concerning the case of Apcotex Industries Limited v Union of India was recently released. The CESTAT held that the government decision not to impose anti-dumping duty, despite a recommendation made by the designated authority and without recording any reasons, was not appropriate and remitted the matter back to government......
TPM Solicitors & Consultants | India | 16 Sep 2022
Re-quantification of duties through midterm review: Indian approach
In India, midterm reviews are governed by the provisions of rule 23 of the Anti-Dumping Rules. JJF Castings Limited, Maxion Wheels Aluminium India Private Limited and Steel Strips Wheels Limited recently filed an application for the initiation of a limited midterm review investigation, requesting the re-quantification of the quantum of duty.
TPM Solicitors & Consultants | India | 19 Aug 2022
High Court finds appeal against Tribunal judgment on anti-dumping investigation maintainable
The Delhi High Court recently dealt with the question of whether an appeal against a tribunal judgment on an anti-dumping investigation was maintainable. The Court held that the issue in this case was not directly concerned with the rate of duty, but only with whether withdrawing that duty was likely to lead to a continuation or a recurrence of dumping and/or injury to the domestic industry....
TPM Solicitors & Consultants | India | 12 Aug 2022
Foreign trade policy – amendments to Handbook of Procedures 2015-2020
The Handbook of Procedures 2015-2020 was recently amended to relax the requirements for export obligation discharge certificates (EODC), simplify the procedure and reduce the compliance burden when applying EODC requirements in case of exports, and extend the last day for the filing of annual returns under paragraph 5.15. This article discusses the new guidelines and procedures.
TPM Solicitors & Consultants | India | 5 Aug 2022
Natural justice – key principles for trade investigations
Investigating authorities conducting trade remedial investigations are essentially quasi-judicial bodies performing quasi-judicial functions and, thus, must follow the principles of natural justice. By virtue of the incorporation of such principles in the rules applicable to trade remedial investigations, the investigation process ensures that all parties involved are given equal and fair......
TPM Solicitors & Consultants | India | 10 Jun 2022
High Court judgment: Century Plyboards v Union of India
Century Plyboard Limited recently filed a review petition regarding whether a domestic industry that is also involved in import would continue to remain a domestic industry within the definition of a "domestic industry" under rule 2(b) of Indian Anti-Dumping Rules and whether the non-injurious price should be calculated in US dollars or only in Indian rupees.
TPM Solicitors & Consultants | India | 27 May 2022
Increasing focus on public interest in trade remedial investigations
In India, public interest is not a new concept; the Directorate General of Trade Remedies (DGTR) has examined its relevance in the past. However, it started gaining attention only after the Ministry of Finance rejected a significant number of positive DGTR recommendations in 2020, and it became one of the major aspects of the anti-dumping and anti-subsidy investigations only recently.
TPM Solicitors & Consultants | India | 20 May 2022
High Court rules continuation of duties pursuant to sunset reviews not permissible after expiry of original duty
In Union of India v Kumho Petrochemicals Company Limited, the Supreme Court dealt with a situation in which the central government had extended an anti-dumping duty, after the expiry of the original notification that had levied the anti-dumping duty. In Principal Commissioner of Customs, Chennai v Huawei Telecommunications (India), the High Court recently dismissed an appeal filed by Huawei......
