WTO - India files dispute against US
ON 12 April 2012, India requested consultations with the US under the dispute settlement system of WTO, concerning the latter's countervailing duties on certain steel products from India.
The United States conducted countervailing duty (the "CVD") investigation (No. C – 533 – 821) and levied countervailing duties on Certain Hot Rolled Carbon Steel Flat Products exported from India. The provisional measures were imposed with effect from 20 April 2001 and the final measures were imposed effective from 3 December 2001. The United States concluded a sunset review in 2007 and continued the duties for a further period of five years. The United States also conducted several Administrative Reviews (the "AR") to determine the CVD rate/s to be applied on the imports made during the relevant AR period. The measures continue to be in force.
India's request covers the countervailing duties and other measures, if any, applied on the subject goods from India through any notice, determination, decision memorandum, order or any other instrument issued by the United States from time to time in connection with case No.C-533-821. The measures covered in this request also include certain provisions of the United States Tariff Act, 1930 and the United States Code of Federal Regulations, Title 19 – Customs duties, Volume 3, Chapter III, Part 351 ("19 CFR 351") that are "as such" inconsistent with the provisions of the ASCM. The request also covers all the amendments, replacements, implementing acts or any other related measure in connection with the measures referred.
India challenges the findings of USA on provision of sale of High Grade Iron Ore for Less Than Adequate Remuneration; determination that the Government of India, through the NMDC, provided a financial contribution through sale of iron ore fines and lumps; Captive Mining of Iron Ore; Captive Mining of Coal; operation of the Steel Development Fund (SDF); the injury determination.