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Trade remedies – Examining the growing trend of non-imposition by the Ministry of Finance
By Pareesha Gupta and Shobhit Chaudhary
India’s trade-remedy regime is seeing a marked shift. Affirmative recommendations by the DGTR are increasingly not resulting in duty notifications by the Ministry of Finance. While DGTR findings historically led almost invariably to anti-dumping or countervailing duties, recent data, particularly for late 2025 to mid-2026, shows a sharp rise in non-imposition of duty despite findings of dumping, injury and causal link. The article in this issue of International Trade Amicus examines the legal basis for Finance Ministry’s discretion, the lack of publicly articulated reasons in several cases, and the resulting uncertainty for the domestic industry. It argues for greater transparency, institutional clarity and a predictable framework to preserve confidence in India’s trade-remedy system.
Trade Remedy News
· 2,4-Dichlorophenoxyacetic Acid from India – USA initiates anti-dumping and countervailing duty administrative reviews
· Aceto Acetyl Derivatives of Aromatic or Hetrocyclic compounds from China PR – India extends anti-dumping duty till 13 January 2027
· Carbon and alloy steel threaded rod from India – USA initiates anti-dumping and countervailing duty administrative reviews
· Common alloy aluminum sheet from India – USA notifies affirmative sunset review for anti-dumping and countervailing duties
· Glufosinate and its salt from China PR – India notifies provisional assessment of imports in respect of anti-dumping duty
· Insoluble Sulphur from China PR and Japan – India notifies provisional assessment of imports from China PR in respect of anti-dumping duty
· Large diameter graphite electrodes from India – USA issues preliminary affirmative countervailing duty determination
· Low Ash Metallurgical Coke from Australia, China PR, Colombia, Indonesia, Japan and Russia – India imposes anti-dumping duty
· Normal Butanol from Malaysia, South Africa and USA – India continues anti-dumping duty after sunset review
· Organic soybean meal from India – USA initiates anti-dumping and countervailing duty administrative reviews
· Preserved mushrooms from India – USA continues anti-dumping duty orders after sunset review
· Seamless tubes, pipes and hollow profiles of iron, alloy or non-alloy steel from China PR – India extends anti-dumping duty till 27 January 2027
· Semi-finished ophthalmic lens from China PR – India’s DGTR initiates remand proceedings initiated after remand by CESTAT, in respect of anti-dumping duty
· Silicomanganese from India – USA initiates anti-dumping duty administrative review
· Untreated Fumed Silica from China PR – India extends anti-dumping duty till 10 February 2027
· Utility scale wind towers from India – USA initiates anti-dumping duty and countervailing duty sunset reviews
· Welded stainless steel line and pressure pipe from India – USA initiates anti-dumping duty and countervailing duty investigations
WTO News
· EU duties on fatty acid from Indonesia are inconsistent with WTO provisions
· Turkish measures on EVs and other types of vehicles from China are inconsistent with WTO provisions
· Russia seeks dispute panel on EU carbon border adjustment and emissions trading scheme
· Brazil seeks consultations on USA’s additional duties after two Section 301 investigations
· United States initiates safeguard investigation on lamb meat
· South Africa initiates safeguard investigation on certain cold-rolled products of iron and steel
· Bhutan resumes negotiations to join WTO
India Customs and Trade Policy Update
· India-UK FTA – First tranche of concessions on imports from UK comes into effect from 15 July
· Forced labour imports to be prohibited
· Foreign investment allowed in e-commerce inventory model for exports
· India targets $51 billion worth of critical imports for domestic manufacturing push
· Enhanced export insurance cover for West Asia shipments extended till 30 September
· Display assemblies – BCD exemption to goods for manufacture of display assemblies for automotive, medical or industrial applications
· Lithium Ion Cells – BCD exemption to import of specified goods for manufacture of Lithium Ion Cells amended
· Mobile manufacturing – BCD exemption on specified goods for use in manufacture of Inductor Coil Module
India FTA Update
· India-EU FTA deal by 31 Dec: Commerce Minister
· India-US trade talks gather pace as tariff clock ticks
· India-New Zealand FTA likely to enter into force by year-end
· Canada, India conclude third round of CEPA talks, target 2026 conclusion
· India targets FTAs with Canada, Mexico and Brazil in next six months: Commerce Minister
· Gulf Cooperation Council and India to begin FTA talks in September 2026
· India, Israel conclude second round of FTA talks; Bilateral Investment Agreement comes into force
· Maldives, India begin talks on Free Trade Agreement
Ratio decidendi
· ‘Laser engraving machine’ is not covered for anti-dumping duty on ‘industrial laser machines used for cutting, marking or welding operations’ – Customs AAR, Mumbai
· FTA imports – Classification mismatch when does not disentitle benefit based on country of origin – CESTAT Kolkata
· Valuation – Goods cannot be considered as similar to branded goods if no intellectual property rights infringed – CESTAT Kolkata
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