International Trade Amicus, April 2026

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Article

India’s solar sector at crossroads of trade remedy actions by USA

By Arpit Mehra and Yash Singh

Recently, the United States Department of Commerce preliminarily found that crystalline silicon photovoltaic cells from India were sold, or likely to be sold, in the United States at less than fair value with affirmative finding on countervailable subsidies as well. The article in this issue of International Trade Amicus elaborately analyses how the USDOC reached these outcomes, with focus on adverse-facts-available, critical circumstances, and the emerging issue of transnational subsidies linked to Chinese-origin inputs. Exhaustively discussing the said finding, including the retroactive duty exposure and export trajectory for India’s solar industry, the article also examines the way forward for Indian producers of subject goods. Observing that participation strategy is central, the authors state that Indian exporters should maintain investigation-ready records and closely review their China sourcing. 

Trade Remedy News 

• Aluminium flat rolled products from China PR – India excludes Lithograde Aluminium Coils of width above 1150 mm excluded from the scope of notification imposing anti-dumping duty
• Aluminium Wire in coil form or wire rod in coil form having diameter ranging from 9 mm to 13 mm from Malaysia – India initiates sunset review of countervailing duty
• Cold-rolled flat steel products from India – European Commission decides not to impose provisional anti-dumping duty. Investigation to continue.
• Commodity Matchbooks from India – USA issues affirmative sunset reviews of anti-dumping and countervailing duties
• Crystalline Silicon Photovoltaic Cells from India – USA issues preliminary affirmative determination of sales at less than fair value
• Forged Steel Fittings from India – USA issues affirmative sunset reviews of anti-dumping and countervailing duties
• Forged Steel Fluid End Blocks from India – USA issues affirmative sunset review of countervailing duty
• Large Diameter Graphite Electrodes from India – USA issues affirmation determination of material injury from sale at less than fair value and subsidies
• Low Ash Metallurgical Coke from Australia, China PR, Colombia, Indonesia, Japan and Russia – India’s DGTR recommends imposition of anti-dumping duty
• Normal Butanol or N-Buty Alcohol from Malaysia, South Africa and USA – India’s DGTR recommends continuation of anti-dumping duty after sunset review
• Oleoresin Paprika from India – USA issues preliminary affirmative determination of sales at less than fair value
• Prestressed Concrete Steel Wire Strand from India – USA issues affirmative sunset reviews of anti-dumping and countervailing duties
   

WTO News 

• US Tariffs are within the scope of Agreement on Safeguards: India at WTO
• TRIPS Council discusses non-violation complaints on request from Colombia, India and Bangladesh
• Vietnam seeks to join expanded IT Agreement (ITA II) at WTO
• Kazakhstan challenges Indonesia’s additional duties on hot-rolled steel coils
• Canada initiates Safeguard probe on wood goods imports
• Madagascar initiates Safeguard investigation on certain beverage imports
• Madagascar initiates Safeguard investigation against import of certain tableware, kitchenware, and household and packaging articles, of plastics
• Philippines initiates Safeguard investigation against rice imports
• Morocco initiates Safeguard investigation on certain rice imports
   

India Customs and Trade Policy Update 

• RoDTEP and RoSCTL – Specified benefits in line with Drawback made available
• E-commerce – Ease of doing exports through courier mode
• Interest subvention support made available for export credit availed by MSEs for export of iron & steel goods
• RELIEF Scheme expanded for exports to Egypt and Jordan
• Re-exports from DTA to SEZ – Drawback available
• Precious metal jewellery and other items – Imports restricted
• Wheat exports of specified quantity allowed
• Rice exports to Europe – Present Export Policy condition extended till 1 October 2026
• Baryte (Natural Barium Sulphate) – Grades A and B placed under restricted category
• Glufosinate (Agro-Chemical) and its salts – Import restricted if CIF value plus ADD is less than INR 1154 per kg
• Natural Honey – Minimum Import Price condition extended till 31 December 2026
• Feathers, and skins and other parts – Export Policy revised
• Virgin Multi-layer Paper Board – Minimum Import Price condition extended till 30 September 2026
• Wood pellets – Exports relaxed; Wood briquettes – Exports restricted
• Digitalization of EPCG Post-Export Scrip
   

India FTA Update 

• India-New Zealand Free Trade Agreement signed
• India-UK FTA is expected to be rolled out in May 2026
   

Ratio Decidendi 

• Anti-dumping duty – Non cooperative exporter – Related party – Existence of Pledge Agreement is not a relevant factor for determining relationship – CESTAT New Delhi
• Refund of anti-dumping duty on withdrawal of provisional duty is automatic, with no requirement of filing refund application; Test of unjust enrichment is also not required – CESTAT Mumbai