International Trade Amicus, May 2026

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Article

Maintainability of bilateral safeguards beyond the transition period: Insights from India-Korea CEPA

By Pareesha Gupta and Shobhit Chaudhary

The article in this issue of International Trade Amicus examines the recent final findings issued by India’s DGTR concerning imports of Non-phthalate Plasticizers from Korea RP under the India-Korea Comprehensive Economic Partnership Agreement (‘CEPA’). It discusses an important issue of maintainability of the bilateral safeguard measures after the expiry of the transition period under the FTA. The DGTR has held that once a measure has been imposed during the transition period, it may be maintained even after the expiry of the said period. Concluding with an assessment of the relevant Articles of the Agreement, the authors note that the interpretation adopted by the DGTR on the issue appears to be in line with  the principles of harmonious construction of law, as well as the interpretative framework set out in the Vienna Convention on Law of Treaties, which governs the manner in which international law are to be interpreted. 

Trade Remedy News

• Anodized Aluminium Frames for Solar Panels/Modules from China PR – India directs provisional assessment for imports by specified entity during pendency of new shipper review
• Carbazole Violet Pigment 23 from India – USA initiates sunset review of anti-dumping and countervailing duties
• Chromium Trioxide from India – USA issues preliminary affirmative determination for CVD and less-than-fair-value
• Crystalline Silicon Photovoltaic Cells, whether or not assembled into modules from India – USA schedules final phase of investigations for anti-dumping and countervailing duties
• Freight Rail Couplers and Parts thereof from India – USA issues preliminary affirmative determination of sales at less-than-fair-value
• Monoisopropylamine from China PR – India imposes anti-dumping duty for 5 years
• Natural Mica based Pearl Industrial Pigments excluding cosmetic grade from China PR – India extends anti-dumping duty till 25 November 2026
• Non-Phthalate Plasticizers in the form of Dioctyl Terephthalate (DOTP) and Diethylhexyl Cyclohexane (DEHCH) from Korea RP – India’s DGTR recommends bilateral safeguard duty
• Oil Country Tubular Goods from India – Canada issues affirmative expiry review of anti-dumping duty
• Phthalic Anhydride (PAN) from China PR, Korea RP and Thailand – India’s DGTR recommends continuation of anti-dumping duty on imports from China PR and Korea RP
• Preserved Mushrooms from India – USA issues affirmative sunset review of anti-dumping duty
• Prestressed Concrete Steel Wire Strand from India – USA issues affirmative sunset reviews for anti-dumpung and countervailing duties
• Textured Tempered Glass from Malaysia – India imposes countervailing duty 

WTO News

• China seeks dispute panel against India over solar and IT goods
• USA notifies import surcharges to Balance-of-Payments Committee
• WTO Appellate Body appointments – Deadlock continues
• New Zealand initiates safeguard probe on aluminium extrusions
• Russian Federation launches safeguard investigation on motor car tyres

India Customs and Trade Policy Update

• Sugar exports prohibited till 30 September 2026, with certain exceptions
• Silver – Import Policy conditions revised
• Ad-hoc Norms ratified by Norms Committee from 1 April 2015 to remain valid till 31 March 2028
• Compressors for air conditioners and refrigerators – QCO exemption till 31 March 2027

India FTA Update

• India-Oman Comprehensive Economic Partnership Agreement (CEPA) implemented
• India-UAE CEPA celebrates fourth anniversary and sets ambitious trade targets
• India and Canada accelerate CEPA negotiations; launch Trade and Investment Forum
• India and Italy elevate ties to special strategic partnership
• US-India trade deal reaches final stage

Ratio Decidendi

• Certificate of origin of goods when cannot be doubted – CESTAT Mumbai