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International Trade / WTO

Our International Trade team expertise lies in different jurisdictional Authorities for International Tarde remedy investigation such as the US - Department of Commerce, India - Directorate General of Trade Remedies (DGTR - India), EU - European Commission, GCC - The Technical Secretariat of Anti-Dumping (TSAIP), Turkish anti-dumping authority, Brazil, etc.

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Our clients range from different industries such as Steel Manufacturing, Steel Pipes, Wind Energy, Chemicals, Pharmaceuticals, Textile, etc.

SBA Strategy Consulting LLP has unequalled expertise in representing various industries in Anti-dumping, Countervailing and Safeguard cases before the various jurisdictions of WTO Member countries. We do complete handholding of clients in dealing with all aspects of their Trade Remedy disputes including completion of questionnaire responses, drafting of injury submissions, preparation of and attendance at on-the-spot verifications by Investigating officials and representation of clients at Public hearings. In view of our extensive experience, we have built up a strong network of law firms and legal professionals across the globe to facilitate the service to all clients. 


We also provide strategic advice to clients with respect to advisory for exports after the anti-dumping investigations are complete and who wish to prepare for future anti-dumping actions or who wish to manage the aftermath of an anti-dumping measure, including interim and sunset reviews, mid-term review and anti-circumvention investigations as well as refund applications.


Our firm has also developed a new practice in filing a petition for the imposition of Anti-dumping duties in DGTR, India. 


Further our work also includes advising foreign Governments with respect to their participation in the Anti-dumping, Countervailing and Safeguard investigation. In past, we have represented various WTO member Governments in Safeguard and Countervailing duty investigations initiated by WTO members countries. Such as the Indonesian government before the DECOM, Brazil in CVD investigation on Spun Yarn. The SBA Group is also registered with Trade Defense Wing of the DGTR for representing Government of India, in countervailing duty investigations. 
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Jurisdictions handled by SBA Group

Our uniquely experience team has handled Trade Remedy disputes by following WTO members and successfully represented producers/exporters/ importers/ user Industry and foreign government before them:
 

  1. Directorate General of Trade Remedies (India)

  2. Department of Commerce and International Trade Commission- United States of America

  3. European Commission- European Union

  4. The Technical Secretariat of Anti-Dumping (Gulf Cooperation Council)

  5. Directorate General of Imports- Department of Dumping and Subsidy Investigations (Turkey)

  6. Department of Trade Remedies (DECOM)

  7. Brazil Indonesian Anti-Dumping Committee (KADI)

  8. International Trade Administration Commission (South Africa)

  9. Direccion De Competencia Deseal (DCD, Argentina)

  10. Eurasian Economic Commission​​, Russia

  11. Australian Anti-Dumping Commission (Australia)

  12. Korea Trade Commission (South Korea)

  13. Mexico - Ministry of Economy

  14. National Tariff Commission, Pakistan
     

Brief flow chart on How Anti-dumping and Anti-subsidy duties are calculated:​​

Diagram.png

Notable Cases of SBA Group in past 10 years:

  1. 2018-19: Anti-dumping and Countervailing Duty investigation by US - Department of Commerce on Certain Quartz Surface Products exported from India:

    The Industry of Quartz surface products in India is unorganised Industry. Our Firm represented the major exporters of the Quartz surface products from India. The similar product from China had already faced a duty of more than 300%. However, we managed to get a success rate of 1.57% in Countervailing duty investigation and within 5% Anti-dumping Investigation. We deployed our expertise team of 4-5 persons in the location of the Industry for almost half a year to assist the client, in preparation of questionnaire response, submissions and study of data, and understanding the intricacies of the industry. 

    Also being firm from India, we had directly done the filing in US-Department of Commerce without having a counterpart in the USA. 
     

  2. 2017-2018: Antidumping investigation by Directorate General of Trade Remedies, India on Polyester Staple Fiber exported from China, Indonesia, Malaysia, and Thailand:

    Polyester Staple Fibre is an Intermediary product for blended synthetic yarn, and 100% polyester spun yarn. There are more than 1000 of users in India for the subject goods.  The SBA Group represented various user Industry in the Investigation. Through users, we approached the concerned ministries and put forward the difficulties which would have been faced by users if the duties were imposed. Additionally, the other producers of subject goods in India apart from Domestic Industry were profitable. Therefore, the Authority taking into consideration the above, terminated the entire investigation.
     

  3. 2017-18: DGTR- Antidumping investigation by Directorate General of Trade Remedies, India on Solar Cells and Modules exported from China PR, Malaysia, and Taiwan (2017) -

    SBA Group represented Indian Wind Turbine Manufacturers Association in the Investigation. After strong opposition received from the association and other interested parties in the investigation, the Authority terminated the investigation and no measures were imposed.
     

  4. 2016-17: European Commission’s Antidumping investigation on Certain Casting Products exported from India.

    SBA Team represented all exporters from India before the Commissions and all exporters from India were allotted a zero anti-dumping duty rate. This resulted in the termination of measures against India and imposition of duties on Chinese imports up to 38.1%. This has resulted in the multifold increase in capacities for Indian exports as full market share is now captured by Indian producers.
     

  5. 2016-17: Anti-subsidy and Anti-dumping Investigation by National Tariff Commission, Pakistan on Fine Count Cotton Yarn exported from India.

    SBA Group represented the all major exporters from India, and were successful in getting the Countervailing duty case was terminated against India. In the Anti-dumping investigation SBA Group achieved lowest dumping margin for clients in the investigation.

    The composition of the Domestic Industry in Pakistan was very different and the same was questioned before the NTC. 

    The major challenge in the preparation of the response was that the majority of th spinners were small companies that did not have a very organized accounting system. If the companies were organized, they would manufacture a large number of products and the segregation of cost for all companies was extremely difficult.

    Our specialized team of accountants were able to design a reporting system that helped all companies report all cost in the most efficient manner.
     

  6. 2016-17: Australia Anti-dumping Authority’s anti-dumping investigation on Hollow Structural Steel Pipes from India and UAE (2016)- 

    SBA Team represented the largest exporters and producers from the UAE and India. Based on the questionnaire submissioins and injury submissions made before the Anti-Dumping Commission, the case was terminated for all exports from UAE and India.
    This has helped the clients stronghold their exports in the Australian market and grow their exports multifold.
     

  7. 2014-2015:  US- Department of Commerce’s Anti- Dumping investigation on Steel Rebar from Mexico and Turkey (2015) – 

    SBA Team represented the exporters from Mexico and was able to reduce the dumping margins from 55% to zero percent in the administrative review. The major challenges faced by the SBA Group was the difference in the cost accounting for all units of the producers. These companies were operating n separate ERP systems and cumulation of their cost of production was not possible through their financials. The SBA Group came up with a reporting methodology and reconciliation methodology that was able to convince the US Department of Commerce as to the accuracy of the reporting and computation of normal values.

    As a result, the client was able to achieve a revised margin of ZERO perccent (0%) in the administrative review.
     

  8. 2011-12: DECOM- Brazil’s CVD investigation on Polyester & Viscose Yarn exported from Indonesia/ Thailand/ India:

    SBA Group represented a majority of the exporters from Indonesia. Wherein we deployed our team to the respective client locations for preparation of necessary data and making the client understand the nuances of the questionnaire responses. Our team was successfully defended zero dumping duty for exporters from Indonesia. The SBA Group co-operated with UNO Trade (Law Firm) from Brazil to achieve this result for the client. 

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