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UK : COUNTER MEASURES BY UK ON COLD FLAT STEEL PRODCUTS DUMPING BY CHINA  :

1. the UK’s trade remedies investigations functions were carried out by the Trade Remedies Investigations Directorate (TRID) as part of the UK Department for International Trade (DIT).

2. Investigations include ECONOMIC INTEREST TEST to ascertain the impact of dumping of steel in UK by CHINA

3. ECONOMIC INTEREST TEST SPECIFICATIONS:

The test looks at:

  • injury caused to UK industry by the imports we are investigating and the benefits to that industry of removing the injury
  • economic significance of affected UK industries and consumers
  • likely impact on wider UK industries and on consumers
  • likely impact on particular geographic areas or groups within the UK
  • likely consequences for the competitive environment and the structure of UK markets for these goods
  • other matters that we consider relevant

TEST PROCESS:

  • identifying the affected industries and consumers
  • gathering evidence from relevant groups such as upstream and downstream producers and exporters, as appropriate
  • assessing the evidence for each of the factors we need to consider under the EIT and drawing conclusions
  • publishing our initial EIT assessment as part of the provisional findings of the investigation alongside the statement of essential facts
  • sending our final determination on the investigation to the Secretary of State following the conclusion of the investigation

FACTORS OF IMPACT ON UK INDUSTRY :

  • Value added – what do UK industries contribute to the value of the UK produced goods at different stage of the supply chain?
  • Employment – how many people are employed within the industry on work that is directly related to the product in question at each UK location?
  • Market share – what is the market share of UK producers, as a proportion of total sales of this type of goods in the UK?
  • Market structure – what is the size distribution of UK producers and what proportion of the market is accounted for by small and medium-sized enterprises (SMEs)? What are the upstream and downstream industries within the UK and how are they related to the industry that applied to us to investigate the case for a new measure?
  • Consumers – how is the final product used and by whom?

ABILITY AND STANCE OF LOCAL COMPANIES AMONG COMPETING COMPANIES GLOBALLY:

  • will the measure directly or indirectly limit the number or range of suppliers on the market?
  • will the measure limit the ability of suppliers to compete?
  • will the measure limit suppliers’ incentive to compete vigorously?
  • will the measure limit the choices and information available to consumers?

above mentioned factors to be verified by TRADE REMEDIES AUTHORITY and ascertain the impact and suggest the counter measures on dumping of COLD FLAT STEEL PRODUCTS

INDIA: COUNTER MEASURES BY INDIA ON COLD FLAT STEEL PRODCUTS DUMPING BY CHINA

The enquiry has been initiated by Directorate General of Anti-Dumping and Allied Duties (DGAAD), an arm of India’s ministry of commerce and industry, on the basis of a petition filed by domestic steel producers, including state-owned Steel Authority of India Ltd, JSW Steel Ltd and Essar Steel India Ltd.

On l9th April 2016, the Directorate General of Trade Remedies (hereinafter referred to as “Designated Authority” or “Authority”) initiated an anti-dumping investigation on “cold- rolled flat  products of alloy or non-alloy steel” originating in or exported from China

The original petition for imposition of anti-dumping duty was filed by Steel Authority of India Limited, JSW Steel Limited, ArcelorMittal Nippon Steel India Limited (Formerly Essar Steel India Limited) and JSW Steel Coated Products Limited.

The original petition for imposition of anti-dumping duty was filed by Steel Authority of India Limited, JSW Steel Limited, ArcelorMittal Nippon Steel India Limited (Formerly Essar Steel India Limited) and JSW Steel Coated Products Limited.

The provisional antidumping duty was extended on 7th February 2017 till 16th April 2017 vide Notification No. 06/2017- Customs (ADD).

DGTR is bestowed with the responsibility of investigating and recommending various WTO compliant trade remedial measures viz. anti-dumping, countervailing, safeguard and quantitative restrictions.

Anti-dumping duty is a measure to rectify the situation arising out of the dumping of goods and its trade distortive effect.

Safeguard measure is used when imports of a particular product increase unexpectedly to a point that they cause or threaten to cause serious injury to domestic producers of “like or directly competitive products”. Safeguards measures give domestic producers a period of grace to become more competitive vis-a-vis imports.

Countervailing measures seek to counteract artificially low prices that are a result of subsidies or assistance granted by the Government in the exporting country to its local industry. Subsidies can be in form of subsidized loans, tax exemptions, indirect payments, etc., because of which exporters are able to export at lower prices.

Legal Frame work for various trade remedial measures is as under:

Anti-dumping

  •   Article VI of GATT 1994
  •  Agreement on Anti-Dumping
  •   Sections 9A and 9B of the Customs Tariff Act, 1975 as amended in 1995
  •  Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995

Countervailing Duty

  •   Article VI of GATT 1994
  •  Agreement on Subsidies and Countervailing Measures
  •  Section 9 of Customs Tariff Act 1975 as amended in 1995
  •  Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidised Articles and for Determination of Injury) Rules, 1995 Safeguard measures Article XIX of GATT
    Agreement on Safeguards
  •  Section 8B of Customs Tariff Act, 1975
  • Chapter IIIA of “The Foreign Trade (Development and Regulation) Act, 1992
  •  Customs Tariff (Identification and Assessment of Safeguard Duty) Rules 1997
  • Safeguard Measures (Quantitative Restrictions) Rules, 2012

IN 2022 certain imposed counter measures for anti dumping measures were revoked by GOI

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