Recently, the Indian investigation authority rendered the final award on the anti-dumping investigation into the amoxicillin APIs imported from China. JT&N helped Zhuhai United Laboratories Co., Ltd. win the minimum tariff rate (i.e., US$2.83/kg) in the final award. This is also one of the few reversals in the final award process among Chinese enterprises’ responses to anti-dumping investigations launched by India. Partner Lin LI and lawyer Yifan WU are the principal persons in charge of the case.
United Laboratories’ representative (second from right) sent JT&N a piece of silk banner for gratitude
On April 27, 2016, in response to the application submitted by the Indian enterprise Aurobindo Pharma, the Indian investigation authority launched an anti-dumping investigation into the amoxicillin APIs imported from China. JT&N represented the largest domestic exporter to India, Zhuhai United Laboratories Co., Ltd. (“United Laboratories”) and its affiliated enterprises, in responding to the anti-dumping investigation, and received the field verification by the investigation authority at the end of September 2016.
In the pre-final award disclosure issued by the Indian investigation authority in February 2017, the investigation authority ignored the relevant demonstration made by United Laboratories during the field verification procedures and the conclusion of its self-verification report, and affirmed that United Laboratories was a uncooperative enterprise on the ground that United Laboratories did not provide complete production and export information and therefore imposed the maximum tariff rate on United Laboratories.
In the face of extremely unfavorable situation, on the one hand, JT&N’s lawyer team worked closely with United Laboratories, earnestly prepared the certification materials, and actively made defense against the investigation authority; on the other hand, it actively communicated with the relevant government authorities and industry associations to seek a fair environment for United Laboratories to respond to the lawsuit. Ultimately, with the joint efforts of all parties concerned, United Laboratories won the minimum tariff rate in the final award. This is also one of the few reversals in the final award process among Chinese enterprises’ responses to anti-dumping investigations launched by India. This result will help United Laboratories maintain its market share in India.