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Articles by Devinder Bagia
In summary This article traces India’s changing international trade landscape and highlights the renewed focus of the Indian government on increasing exports by entering into new free trade agreements (FTAs) with developed nations to expand its market access. At the same time, the article also highlights the changes India recently made to its trade remedial investigation framework and laws to protect their domestic industries from unfairly priced imports and reduce import dependence.
India: strengthening global trade ties with strategic FTAs and robust domestic protections
This is an Insight article, written by a selected contributor as part of GIR's co-published content. Read more on Insight In summary This article traces India’s changing international trade landscape and highlights the renewed focus of the Indian government on increasing exports by entering into new free trade agreements (FTAs) with developed nations to expand its market access.
Differential Pricing Analysis In Anti-Dumping Investigations: US Court 'Invalidates' The Use Of Cohen's D By The US DOC
The Cohen's D Test used as part of the differential pricing analysis ('DPA') conducted by the U.S. Department of Commerce ('USDOC') to unmask targeted dumping was analyzed in our previous article (see here). The present article discusses the recent judgement of the U.S. Court for Federal Circuit in Marmen Inc. v. United States1 wherein the court 'invalidated' the application of Cohen's D test and the implications of the ruling for exporters to the U.S. market.
Differential pricing analysis in anti-dumping investigations: US Court ‘invalidates’ the use of Cohen’s D by the US DOC
The Cohen’s D Test used as part of the differential pricing analysis (‘DPA’) conducted by the U.S. Department of Commerce (‘USDOC’) to unmask targeted dumping was analyzed in our previous article (see here). The present article discusses the recent judgement of the U.S. Court for Federal Circuit in v. [1] wherein the court ‘invalidated’ the application of Cohen’s D test and the implications of the ruling for exporters to the U.S. market.
The Price Puzzle: Unpacking The Distinct Roles Of Reference Price And Minimum Import Price In The Indian Trade Laws
Introduction India's trade regulation framework employs various policy instruments to balance liberalization with the protection of domestic industries. Among these, the application of Reference Price in Indian trade remedy investigations and imposition of Minimum Import Price ('MIP') under the Foreign Trade (Development and Regulation) Act, 1992 ('FTDR Act') on the import of any goods into India are two distinct but often misunderstood tools.
A Missing Piece In India's Trade Remedy Law: Codifying 'Public Interest'
Introduction In India, the trade remedial investigations are governed by the Customs Tariff Act, 1975 and the rules issued thereunder i.e. the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 ('Anti-Dumping Rules') and Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Rules, 1995 ('CVD Rules').
Snapshot: economic and financial sanctions in India
Economic and financial sanctions Asset freezes In what circumstances may a person become subject to asset freeze provisions in your jurisdiction? What dealings do asset freeze provisions generally restrict in your jurisdiction?
At a glance: trade sanctions in India
Trade sanctions General restrictions What restrictions apply in relation to the trade of goods, technology and services? General restrictions on trade in goods are detailed in the Indian Trade Classification (Harmonised System) (the ITC (HS)) import and export policy and the Foreign Trade Policy 2015–20 (FTP).
India and its recent comprehensive trade agreements - Attempting success for market access
Introduction In November 2019, the Government of India (‘GOI’) surprised the international trading community by withdrawing from the negotiations for the Regional Comprehensive and Economic Partnership Agreement (RCEP), which it had been part of for several years. The GOI’s apprehensions were primarily on larger market access for merchandise from China.
Standard of review in sunset review investigation - CESTAT shines new light
Introduction In a sunset review investigation, the objective of the review carried out by the investigating authority is to determine whether there is a likelihood of continuation or recurrence of dumping and injury upon cessation of Anti-Dumping Duty (‘ADD’). Only if there is a likelihood, can the investigating authority recommend the continuation of ADD.
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