• Divyashree Suri

Trade Remedy Updates: 21st May 2020- 28th May 2020

The last week of May 2020 has been exciting for international trade! Canada’s trade remedy investigation process, which had been dormant for a while, sparked up this week with various updates. Important updates have also come in with regard to the European Steel Safeguards. India, USA and South Africa have also been initiating and concluding trade remedy investigations this week. Step downs, cancellations and postponements are seeming to be a norm at WTO for now.

Details are as follows:

WTO Updates

1) 2020 WTO Public Forum Cancelled

In view of the uncertainties caused by the pandemic, the annual Public Forum has been cancelled. It was scheduled for 29th September 2020 to 2nd October 2020.


2) Chair of Agriculture Negotiations is set to step down on 30th June 2020

After the resignation of the DG this month, the Chair of Agriculture Negotiations, Ambassador Ford, announced that he will be stepping down on 30th June 2020. This comes after the postponement of M12, scheduled for June 2020. He considered it appropriate for a new chair to be appointed as soon as possible to establish a new work programme in the run-up to MC12, taking into consideration the consequences of COVID-19 and the extended period for negotiations.

USA

1) Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures in the Anti-Dumping investigations concerning imports of Forged Steel Fittings from India and Korea (85 FR 32007, 85 FR 32010, May 28, 2020)

The Department of Commerce preliminarily determined that the subject goods are being imported at less than fair value. The Department of Commerce will make its final determination no later than 135 days from May 28, 2020.


2) Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination in the Anti-Dumping Investigations concerning imports of Forged Steel Fluid End Blocks from Germany, India, Italy and China (85 FR 31457, 85 FR 31454, 85 FR 31452, 85 FR 31460 May 26, 2020)

The Department of Commerce preliminarily determined that subsidies are being provided to the exporters and producers of the subject imports, and that these subsidies are countervailable. In order to align the prospective CVD duty with the prospective AD duty (as a result of the concurrent AD investigation, the final determination for both investigations will be issued on the same day, i.e. 29th September 2020.


3) Final Affirmative Countervailing Duty Determination for the imports of Certain Glass Containers from China (85 FR 31141, May 22, 2020)

The Department of Commerce definitively determined that countervailable subsidies are being provided to producers/exporters of the subject goods from China.


EU

1) Notification for Proposed Adjustments to Safeguard Measures on Certain Steel Products (Notification pursuant to Article 9, Footnote 2 of the Agreement on Safeguards)

On 14th February 2020, the European Commission initiated the second review of the safeguard measures on 26 steel products. The Commission has taken into account the economic shock caused to the steel industry due to the pandemic, and has proposed adjustments which are aimed at “securing an orderly and smooth return of imports and domestic production to the EU market.”

  • General Adjustments proposed to Tariff-Rate Quotas: (i) quarterly management of all country specific quotes; (ii) refined access regime for the access to the residual quota of countries

  • Specific Adjustments proposed to Tariff-Rate Quotas: (i) The TRQ for Hot-Rolled Flat Products will consist of country-specific quotas for those countries whose level of imports in this category reached at least 5% in the relevant reference period 2015-2017, and of a residual global quota for the rest; (ii) TRQ for stainless steel hot rolled sheets and strips products becomes a global TRQ administered on a quarterly basis as from 1 July 2020; (iii) Category 25, i.e. Large Welded Tubes will be split in two categories, i.e. Category 25A (usage in large engineering products) and Category 25B (remainder). Product Category 25A will consist of a single global TRQ to allow equal opportunities for all potential tenderers in large-scale projects. Product category 25B will consist of country-specific quotas for those countries reaching an average import share of at least 5% in the reference period 2015-2017, and a residual quota for the rest.


India

1) Initiation of Anti-dumping investigation concerning imports of “Rubber Chemical PX-13" originating in or export from China PR, Korea RP, and USA (F. No. 06/20/2020- DGTR, 27th May 2020)

Pursuant to an application filed by M/s. NOCIL Limited, an anti-dumping investigation has been initiated by the Authority concerning imports of “Rubber Chemical PX-13” from China PR, Korea RP and USA.


2) Initiation of Anti-dumping investigation concerning imports of “Acrylonitrile Butadiene Rubber" originating in or exported from China PR, EU, Japan and Russia (F.No. 6/18/2020- DGTR, 26th May 2020)

Pursuant to an application filed by M/s. Apcotex Industries Limited, an anti-dumping investigation has been initiated by the Authority.

3) Initiation of Anti-dumping investigation concerning imports of “Polyester Yarn (Polyester Spun Yarn" originating in or exported from China PR, Indonesia, Nepal and Vietnam (F.No. 6/10/2020- DGTR, 21st May 2020)

Pursuant to an application filed by 8 different applicants, an anti-dumping investigation has been initiated by the Authority.


4) Initiation of anti-dumping investigation concerning imports of Phthalic Anhydride originating or exported from China PR, Indonesia, Korea RP and Thailand (F. No. 6/16/2020-DGTR, 21st May 2020)

Pursuant to an application filed by M/s. IG Petrochemicals Limited, M/s. Thirumalai Chemicals Ltd. and M/s. SI Group India Pvt. Ltd., an anti-dumping investigation has been initiated by the Authority.


5) Extension of Anti-Dumping Duty on Imports of Electronic Calculators from China PR for a period of 5 years (Notification No. 9/2020- Customs (ADD), 27th May 2020)

In pursuance of the recommendation made by the DGTR, the anti-dumping duty on the imports of electronic calculators has been extended for a period of 5 years.


Canada

1) Notice of Initiation of Anti-Dumping Investigation concerning imports of certain-hot rolled carbon steel heavy plate and high-strength low alloy steel heavy plate from Chinese Taipei, Germany, South Korea, Malaysia and Turkey (HP 2020 IN, 27th May 2020)

Pursuant to an application filed by Algona Steel Inc., and anti-dumping investigation has been initiated by CBSA.


2) Notice of Conclusion of Re-Investigations for Certain Country Tubular Goods (OCTG I & II) and certain Seamless Casing originating in Chinese Taipei, India, Indonesia, Philippines, South Korea, Thailand, Turkey, Ukraine and Vietnam (OS 2019 RA, 25th May 2020)


South Africa

1) South Africa launched safeguard investigation on bolts with hexagon heads of iron or steel

On 15th May 2020, South Africa initiated a safeguard investigation on bolts with hexagon heads of iron and steel.

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