The Rising Dispute in Indo-Bangla Trade

Rising Dispute in Indo-Bangla Trade

The total trade dropped reasonably in the prior financial year, mostly because of India huge declination in import. This happened after a big jump in the bilateral trade in goods between Bangladesh and India. Despite that, there was a significant increase in exports of goods from Bangladeshi to India and accounted for more than $1.0 billion levels. Consequently, the bilateral trade deficit reduced from 7.44 billion to $6.40 billion in FY18. Besides, the export of clothing doubled in FY19 and garnered $1.25 billion from India. Readymade clothes(RMG) contribute to 40 per cent of the total exports.  RMG export from Bangladesh has been escalating in India because it is the second-largest exporter of garments worldwide.

Nevertheless, Indian textile and clothing manufactures are bothered by the remarkable increase in export of RMG from Bangladeshi in India.  They are cynical of the capacity and power of the Bangladeshi clothing industry. They have requested the government of India to implement policies to curtail the import of Bangladeshi apparel items. They allege that China’s garments are becoming available in India due to Bangladeshi.  Conferring to a news published by the Hindu Business line (HBL), the Indian government, in response to Indian textile lobby, has purposed to review the provisions of ‘rules of origin’ under the Customs Act to ‘check misuse of FTA route and strengthening regulations associated to protection duty.

Indian cloth lobby contended that Chinese RMG is being diverted to India by benefiting from the South Asia Free Trade Area (SAFTA). Thus, increasing Bangladeshi RMG. HBL reported that the absenteeism of the minimum value addition criteria in SAFT drew the attention of the India textile industry. In addition to that, HBL also informed that Confederation of Indian Textile-Industry feared that the gap might be utilized for the transformation of Chinese artificial fibre-based attires thru Bangladesh.

MISINTERPRETATION: Accusation of averting Chinese RMG items because of no value addition criteria in SAFTA is disingenuous and also a misunderstanding of essential provisions in SAFTA agreement.  The rules of origin applicable for SAFTA trade were stated clearly in ANNEX-IV of the SAFTA agreement. Rule-6 provides the direction regarding products that are not wholly or obtained. These sorts of products of any SAFTA affiliatenation is suitable for favoured treatment subject to full-filling of certain conditions outlined in Rule-7 and any of the conditions prescribed under Rule-8, Rule-9 or Rule-10. Clause-i of paragraph-a under Rule-8 permitsmodification in tariff heading (CTH) for non-originating products. It stipulated that products worked on or processed as a result of which the total value of the materials, parts or produce originating from other nations or of undetermined origin used does not exceed 60% of the FOB value of the products provided or obtained and that the last stage of manufacture is conducted within the territory of the exporting Contracting State. That means that the local value addition necessity is 40 per cent for a non-originating product.  In the event of Least Developed Countries(LDCs), the value addition requirement is 30 percent, according to Rule-10. The fundamental rules of origin for Bangladeshi RMG product is therefore CTH-plus 30 per cent DVA or direct value addition.  Withoutencompassed in the list of ‘product-specific rules’ under SAFTA rules of origin all other products (except included in the negative list) of Bangladesh are eligible for preferential market admittance subject to CTH-plus 30 per cent DVA. Hence the accusation, as described in Indian newspapers, that there lacks value added measures in SAFTA is erroneous and deceptive.

Bangladeshi RMG was under the original sensitive list of India where a total of 480 products were encompassed. The number of products on the list was 848 for non-LDC. Besides, India reduced the number of products to only 25 in the reviewed sensitive list for LDC during the second stage of the trade liberalization programme. These 25 products contain alcohol and tobacco items. Therefore, tariff-free access to Bangladeshi RMG products was permitted by India.India allowed tariff-free market access to all except 25 Bangladeshi products in 2011. Subsequently, the export of Bangladeshi products to India has amplified with gross fluctuation differences over the years.

The principal purpose for the increase in Bangladeshi RMG in India is replacing 12.0 per cent countervailing duty with Goods and Services Tax (GST). The GST rate applicable to the majority of the apparel clothing items is 5.0 per cent. It is 12.0 per cent for the rest of the things.

The government of Indian resolution to confine the incremental import of Bangladeshi RMG has a trade repercussion for Bangladesh. Currently, there is no possibility to make any amendment in SAFTA agreement in terms of purported value addition criteria and rules of origin.  Nevertheless, Indian textile lobby has proposed imposition of protectionresponsibility on Bangladeshi RMG. Article-16 of SAFTA agreement sketches the necessities and stages on protection measures.

Noteworthy, in the last year, Indian authorities have informed Bangladesh concerning some ‘discrepancies’, in terms of exporting RMG.  These were: incongruities between Free On Board (FOB) value and SAFTA value, re-issuance of the country of origin (CoO) certificate after one year of shipment and issuance of dual CoO certificates by the Export Promotion Bureau (EPB).Hence, ruling out the Indian allegationsabout some faulty procedure of Bangladeshi RMG export is not possible. Besides a little chance to influence value addition criteria, procedural flaws are there because of the negligence of EPB.  As a result, India may constrict its procedural mechanism by implementing some non-tariff measures(NTMs). RMG exporters and critical government entities have to be more active to contain any flaws to shun any unnecessary trade limit.

ANTI-DUMPING DUTY: Bilateral trade tension has risen slowly along with the increase in export to India. It is replicated in Indian anti-dumping measures. India slapped the anti-dumping duty on Bangladesh’s jute yarn, hessian, and bags back in January 2017 ranging from $19 and $352 a tonne.  In the same year, a parallel duty was imposed on the exports of hydrogen peroxide to India, in the range of $27.81-$91.47 per tonne in April. One year later, India imposed anti-dumping duty, at $2.69 per kilogramme, on the shipments of the fishing net from Bangladesh.

At a Bangladesh requested India to withdraw the anti-dumping duties during a commerce-secretary level trade talks in New Delhi a few months back. However, India declined the request.  For the past two years, India made relatedretort to some of the applications of Bangladesh on drawing anti-dumping duties, particularly on jute goods. India debated that a quasi-judicial process had enforced the anti-dumping duty and the government had nothing to do about it.

At one point,Bangladesh decided to move to the dispute settlement body of the World Trade Organisation (WTO) to challenge the India anti-dumping duties. The Ministry of Commerce has currently requested the WTO cell to recourse to the WTO’s dispute settlement procedure succeeding suggestion from the Bangladesh Tariff Commission which earlier said India executed the anti-dumping duties ‘violating the WTO rules’. As a truth of the matters, without taking legal steps through the WTO, eliminating the anti-dumping tariffs is impossible.

Nonetheless, there is a catch. Trades have to spread their cooperation to the government. It seems that the jute industry has some concern to make the legal battle as India is a big marketplace. Moreover, the trade volume is so small that themanufacturers of hydrogen peroxide and fishing nets lack worth to spend time and money on WTO clash mechanism.

Still, the government needs to propel forward, bearing in mind the nation’s long-term trade interest. Trade associates will try to put more restraining measures, as Bangladesh is in the last period of graduation from the LDC status.  The country necessitates strengthening its capability on the resolution of commerce conflict to combat and overcome such measures.

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