International Trade Amicus, February 2026

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Article

Public or user interest in trade defence measures: Insights from the EU’s nuanced approach in balancing competing interests 

By Gopakrushna Das and Arpit Mehra

Noting that there are no standard principles to assess the user industry interest in the trade remedial investigations, the article in this issue of International Trade Amicus explores whether there is a middle path – where both the competing interests of the domestic industry and the user/downstream consumer industry can be balanced.  The article for this purpose analyses how the European Union recently applied the Union interest test in the fused alumina case. The authors also compare EU’s approach with the current practice in Indian trade remedy investigations and then propose an alternative methodology that India may adopt in the absence of a codified public interest framework.

Trade Remedy News

• Citric Acid and certain Citrate Salts from India – USA initiates countervailing and less-than-fair value investigations
   
• Common Alloy Aluminium Sheet from India – USA initiates sunset reviews of anti-dumping duty and countervailing duty
   
• Crystalline Silicon Photovoltaic Cells from India – USA issues preliminary determination of provision of countervailing subsidies from 1 April 2024 till 31 March 2025
   
• Freight Rail Couplers and Parts from India – USA issues preliminary determination that countervailing subsidies were provided from 1 April 2024 till 31 March 2025
   
• Frozen Warmwater Shrimp from India – USA, in an administrative review, issues determination that sales were made at less than normal value from 1 February 2023 till 31 January 2024
   
• Glufosinate and its salts from China PR – India initiates anti-absorption investigation of anti-dumping duty
   
• Hard Empty Capsules from India – USA issues affirmative finding of material injury in anti-dumping and countervailing investigations and subsequently issues ADD and CVD orders
   
• Large Diameter Graphite Electrodes from India – USA initiates anti-dumping and countervailing investigations
   
• Methyl Acetoacetate from China PR – India’s DGTR recommends continuation of anti-dumping duty after sunset review
   
• Monoisopropylamine from China PR – India’s DGTR recommends imposition of anti-dumping duty
   
• Oleoresin Paprika from India – USA notifies that countervailing subsidies provided to certain companies from 1 April 2024 till 31 March 2025
   
• Overhead Door Counterbalance Torsion Springs from India – USA issues affirmative finding of material injury in anti-dumping and countervailing investigations
   
• Polyethylene Terephthalate Film, Sheet, and Strip – USA issues affirmative sunset reviews of anti-dumping duty and countervailing duty
   
• Preserved mushrooms from India – USA initiates sunset review of anti-dumping duty
   
• PVC Suspension Resin from China PR – India initiates countervailing investigation
   
• Toluene Di-Isocyanate (TDI) having isomer content in the ratio of 80:20 from European Union and Saudi Arabia – India revises anti-dumping duty after sunset review

WTO News

• DSB Panel established to review India’s certain PLI Schemes
   
• EU seeks establishment of panel against Chinese patent licensing measures
   
• WTO DG declares ‘status quo unsustainable’ ahead of MC14
   
• Philippines launches safeguard investigation on ceramic tiles
   

India Customs and Trade Policy Update

• RoDTEP benefit reduced by half except for goods of Chapters 01 to 24
   
• Advance Authorisations and EPCG Authorisations – Export Obligation periods expiring between 1 March 2026 and 31 May 2026 extended till 31 August 2026
   
• Free Trade Agreements – TRQ application deadline extended
   
• Wheat export of 25 LMT allowed, subject to conditions
   
• Wheat flour and related products – Additional 5 LMT export allowed, subject to conditions

India FTA Update

• India-EU FTA – Draft text released with 5-year MFN commitments
   
• India-GCC FTA negotiations formally launched
   
• India-Israel FTA – First round concluded
   
• Future engagements: Canada and Chile

Ratio Decidendi

• SCOTUS invalidates IEEPA tariffs – Litigation shifts to refunds
   
• Valuation Rules do not empower Customs proper officer to reject higher declared value, and then reduce it to enable imposition of anti-dumping duty – CESTAT Mumbai

News Nuggets

• EU steel safeguard trilogue launched
   
• Malaysia updates safety standards for ceramic cookware and food contact materials
   
• India’s Revenue Secretary advocates Customs Rules overhaul