Expertise
International Trade
Advising on trade regulations, customs law, WTO-related matters, and cross-border trade compliance.
Get in touchThe International Trade/WTO practice group in our firm consists of leading legal practitioners including lawyers who as government officers in the past have contributed in the evolution of the trade policy in India. The practice group is therefore well positioned to understand the complexities involved in these matters and accordingly provide assistance to clients.
The practice group regularly represents companies across industry sectors in trade remedial investigations before the Directorate General of Trade Remedies as well as other judicial forums such as the CESTAT; High Courts and the Supreme Court of India. The practice group has also represented the Government of India as well as the Indian companies before the US DOC, US ITC as well as before the European Commission with success.
The International Trade/WTO practice group also has the distinction to represent the Government of India as legal counsel in international trade disputes before the WTO Panel and Appellate Body. The practice group has also advised various departments of the Government of India and various sovereign Governments on several issues pertaining to WTO policy matters as well as the relevant Indian laws. The main highlights of our practice are mentioned below.
Representative Matters
TRADE REMEDIAL INVESTIGATIONS
Appellate Forum
- Represented the Automotive Tyre Manufacturers Association and its members as a respondent in a Special Leave Petition filed before the Hon’ble Supreme Court of India concerning issues of anti-dumping. The Special Leave Petition was filed by the Union of India and the Domestic Industry against an order passed by the High court of Delhi. The representation by the Firm resulted in success as the Supreme Court upheld the order passed by the High Court of Delhi.
- Represented the Automotive Tyre Manufacturers Association and its members as a respondent in a Special Civil Application filed before the Hon’ble High Court of Gujarat concerning issues of anti-dumping. The Special Civil Application was filed by the Domestic Industry against the disclosure statement issued by the Directorate General of Trade Remedies (DGTR). Pursuant to the representation, the Domestic Industry withdrew its application and the Special Civil Application was dismissed as withdrawn.
- Represented the Indian Paint Association and its members as a respondent in a writ filed by the domestic industry before the Hon’ble High Court of Madras concerning withdrawal of anti-dumping duty on Phthalic Anhydride by the DGTR. Pursuant to the representation, the Domestic Industry withdrew its application, and the Writ was dismissed as withdrawn.
- Represented the Indian Paint Association and its members as a respondent in an appeal before the CESTAT Custom Excise & Service Tax Appellate Tribunal (‘CESTAT’) by the Domestic Industry against the findings issued by the then Directorate General of Anti- Dumping and Allied Duties (DGAD) (now DGTR) in the White Cement anti-dumping investigation. The representation resulted in dismissal of the appeal.
- Filed and appeared in appeal before the CESTAT on behalf of the importers, against the findings issued by the DGAD in the Tyre Curing Press anti-dumping investigation.
- Represented Hyosung Corporation, Korea RP in an appeal before the CESTAT against the findings issued by the DGAD in the anti-dumping investigation concerning import of Elastomeric Yarn into India.
- Represented Hyosung Vietnam in an appeal before the CESTAT against the findings issued by the DGAD in the anti-dumping investigation concerning import of Elastomeric Yarn into India.
- Represented the Automotive Tyre Manufacturers Association and its members in an appeal before the CESTAT against the findings issued by the DGAD in the anti-dumping investigation concerning import of certain rubber chemicals.
Countervailing / Anti-Subsidy Duty Investigations
- Representing the Government of India in a countervailing duty investigation concerning export of Single Mode Optical Fibre Cables originating in India initiated by the European Commission.
- Representing the Government of India in a countervailing duty investigation concerning export of Oil Country Tubular Goods from India initiated by the United States Department of Commerce.
- Representing the Government of India in a countervailing duty investigation concerning export of 2,4-Dichlorophenoxyaxetic Acid from India initiated by the United States Department of Commerce.
- Representing the Government of India in a countervailing duty investigation concerning export of Frozen Warmwater Shrimp from India initiated by the United States Department of Commerce.
- Represented the Government of India in a countervailing duty investigation concerning export of Non-Refillable Steel Cylinders from India initiated by the United States Department of Commerce.
- Represented the Government of India in a countervailing duty administrative review concerning export of Carbazole Violet Pigment from India which was initiated by the United States Department of Commerce. The Firm was successful in getting a favourable order from the United States Department of Commerce, and as a result, the countervailing duty which existed prior to the review was modified and reduced pursuant to the administrative review.
Anti-Dumping Duty Investigations
- Represented POSCO, Korea RP along with its trading companies as well as its related importers in the anti-dumping investigation concerning import of certain flat rolled products of stainless steel from Korea RP and 14 other countries. The representation resulted in non-imposition of the anti-dumping duty.
- Represented POSCO VST, Vietnam along with its trading companies in the anti- dumping investigation concerning import of certain flat rolled products of stainless steel from Vietnam and 14 other countries. The Firm was successful in getting a favourable order, and as result, Vietnam was excluded from the scope of ‘subject countries’ in the investigation.
- Represented Automotive Tyre Manufacturers’ Association and its member companies in the sunset review investigation of anti-dumping duty imposed on Carbon Black from China PR and Russia. The representation resulted in success as the Ministry of Finance based upon the representations filed by the Automotive Tyre Manufacturers’ Association, as advised; decided to not extend the anti-dumping duties as recommended by the DGTR. The firm represented the same parties in an anti-dumping investigation against import of Carbon Black into India originating or exported from Korea RP before the DGAD. The representation resulted in the termination of the investigation and non-imposition of anti-dumping duty.
- Represented the Indian Paint Association and its member companies in the Sunset review of the anti-dumping duty on import of DPP Red 254 pigment from China PR before the DGTR. The representation resulted in success as the Ministry of Finance based upon the representations filed by the Indian Paint Manufacturers’ Association, as advised; decided to not extend the anti-dumping duties as recommended by the DGTR.
- Represented Indian Paint Association and its members in a sunset review investigation concerning imports of Phthalic Anhydride originating in or exported from Korea RP, Taiwan and Israel. The Firm was successful in getting a favourable order from the DGTR and as a result, the anti-dumping duties which were in force were discontinued.
- Represented POSCO, Korea RP along with its traders in an anti-dumping investigation concerning import of Hot-rolled flat products of alloy or non-alloy steel, originating in or exported from China PR, Japan, Russia, Korea RP, Brazil and Indonesia before the DGAD. The representation resulted in anti-dumping duties being imposed on a reference price basis.
- Represented the Automotive Tyre Manufacturers Association and its members in a Sunset review of an anti-dumping duty investigation against import of certain Rubber Chemicals into India originating or exported from the European Union and China PR before the DGAD. The representation resulted in the termination of the anti-dumping duty for two products and for the remaining products, the anti-dumping duty was reduced by more than 50%.
- Represented the domestic industry in a petition for levy of anti-dumping duty on Polyurethane leather which includes any kind of textile coated one sided or both sided with polyurethane (PU Leather) originating in or exported from China PR, leading to the imposition of the anti-dumping duty.
Safeguard Duty Investigations
- Represented Sumitomo Electric Industries, Japan in a safeguard investigation before the DG Safeguards concerning import of Single Mode Optical Fibre. The representation resulted in getting a favourable order, and as a result, the safeguard duty was not imposed.
WTO Dispute
- Represented the Government of India as a legal counsel before the WTO Panel (Article 21.5 Proceedings) in the WTO dispute India- Measures concerning the importation of certain agricultural products (WT/DS430).
- Represented the Government of India as a legal counsel in Arbitration (Article 22.6 Proceedings) in the WTO dispute India- Measures concerning the importation of certain agricultural products (WT/DS430).
- Represented the Government of India as a legal counsel before the WTO Appellate Body in an appeal against the Panel report in the WTO dispute India- Measures concerning the importation of certain agricultural products (WT/DS430/AB/R).
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