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Fiscal Restrictions

INDIA

Investigation: 21.06.2013, definitive duties: 22.05.2015

Chapter Tariffs and Trade Defence  |  Sub-chapter Antidumping, CVD & Safeguards
Antidumping measure
China: 3.12 USD per piece; Chinese Taipei: 3.06 USD per piece.
Coverage Product: USB flash drives (HS 85235100); Country: China, Chinese Taipei
Sources
Fiscal Restrictions

INDIA

Imposition: 16.12.2010, review carried out until June 2014, no information about results

Chapter Tariffs and Trade Defence  |  Sub-chapter Antidumping, CVD & Safeguards
Antidumping measure
China: M/S Fibrehome Telecommunication Technologies Ltd.: 266% of CIF value; Alcatel - Lucent Shanghai Bell Co. Ltd.: 45% of CIF value; M/S ZT Coporation: 36%; M/S ECI Telecom Ltd., Israel: 7%; any other: 266%; Israel: M/S ECI Telecom Ltd., Israel: 3%; any other; 70%.
Coverage Product: Synchronous Digital Hierarchy (SDH) transmission equipment (HS 851762); Country: China, Israel
Sources
Fiscal Restrictions

INDIA

Thailand (imposition: 28.9.2010), Vietnam (imposition: 28.09.2010, extension: 31.12.2013), Malaysia (imposition: 28.9.2010), China & Hong Kong & Chinese Taipei (imposition: 22.01.2009, extension: 21.11.2014 for a period of 5 years)

Chapter Tariffs and Trade Defence  |  Sub-chapter Antidumping, CVD & Safeguards
Antidumping measure
Vietnam: 73.01 USD per 1000 pieces, Thailand: 25.98 USD per 1000 pieces, Malaysia: 35.92 USD per 1000 pieces, China & Hong Kong: 36.67 USD per 1000 pieces, Chinese Taipei: 22.39 USD per 1000 pieces.
Coverage Product: Recordable Digital Versatile Disc (DVD) (HS Codes 852321, 852329, 852340, 852351, 852352, 852359, 852380); Country: Thailand, Vietnam, Malaysia, China & Hong Kong & Chinese Taipei
Sources
  • China, Hong Kong, Chinese Taipei: http://www.cbec.gov.in/customs/cs-act/notifications/notfns-2014/cs-add2014/csadd45-2014.pdf; http://commerce.nic.in/writereaddata/traderemedies/adfin_SSR_Digital_Versatile_Discs_Recordable.pdf
  • WTO Committee on Anti-Dumping Practices, Semi-Annual Report Under Art. 16.4, India, 1 January-30 June 2014 &
  • UNCTAD TRAINS Database
  • China, Hong Kong, Chinese Taipei: http://www.globaltradealert.org/state-act/5452
Fiscal Restrictions

INDIA

ITA signatory? I II

Chapter Tariffs and Trade Defence  |  Sub-chapter Applied tariffs on digital goods
Average MFN rate
6.23%
Weighted average MFN rate
3.24%
Maximum tariff rate
10.00%
Coverage rate of zero-tariffs
29.62%

Coverage: Digital goods

Fiscal Restrictions

INDIA

ITA signatory? I II

Chapter Tariffs and Trade Defence  |  Sub-chapter Applied tariffs on digital goods
Average MFN rate
6.23%
Weighted average MFN rate
3.24%
Maximum tariff rate
10.00%
Coverage rate of zero-tariffs
29.62%

Coverage: Digital goods

Fiscal Restrictions

INDIA

ITA signatory? I II

Chapter Tariffs and Trade Defence  |  Sub-chapter Applied tariffs on digital goods
Average MFN rate
6.23%
Weighted average MFN rate
3.24%
Maximum tariff rate
10.00%
Coverage rate of zero-tariffs
29.62%

Coverage: Digital goods

Trading restrictions

ISRAEL

Reported in March 2018

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
De minimis rule
According to Israel's de minimis rule, goods with a value of up to 69 SDR / 100 USD are exempted from taxes and duties collected by customs.
Coverage Horizontal
Trading restrictions

ISRAEL

Since 1957

Chapter Standards  |  Sub-chapter Encryption
Control of Commodities and Services Law, 5717-1957
The 1957 Control of Commodities and Services Law empowers government ministers to enact subsidiary legislation for regulating certain designated products and services. On the basis of this broad authority, in 1974, the Israeli Minister of Defense (MOD) imposed control over all forms of “Engagement in Encryption” and created Israel’s encryption-control licensing regime. In practical operation, companies submit license applications for engagement in encryption to the MOD’s specialized Encryption Control Department. The basic application includes details of the relevant product and its encryption interfaces and components. In response to application requests, the MOD may issue a “General”, “Restricted”, or “Special” license or, alternatively, deny the request.
Coverage Horizontal
Trading restrictions

ISRAEL

In 2010

Chapter Standards  |  Sub-chapter Product screening and testing requirements
Ban from commercial markets
Despite no bans are in place presently, the Apple iPad has been banned in 2010 because of its high WI-Fi signal output.
Coverage iPad
Trading restrictions

ISRAEL

Since 1991
Amended in 1998 and 1999

Chapter Standards  |  Sub-chapter Product screening and testing requirements
Declaration of Israel Standards, 5751-1991
All products manufactured in Israel, as well as imports and exports to/from Israel, are subject to the inspection of the Technical Standards Institute. The Standards Institution of Israel (SII) further evaluates the products for any Israeli specific deviations and additional unique Israel requirements (including EMC when mandated) for the SII approval. CB tests (a standardized report in a checklist format referencing the IEC 60950 standard requirements) and test certificates are accepted and used to reduce costs and speed up the process.
Coverage Horizontal
Trading restrictions

ISRAEL

Reported in 2007

Chapter Standards  |  Sub-chapter Product safety certification (EMC/EMI, radio transmission)
Mandatory certification of standards
For products where a mandatory Israeli standard applies, the Standards Institution of Israel (SII) approval is required before all products are imported into Israel. Samples of the product must be delivered to SII in order to be evaluated for compliance with the applicable standards. Once approved, a sample testing of every shipment has to be carried out in accordance with certain clauses of the standard.

Israeli customs will not allow the import of communication devices without a written approval from the Ministry of Communications (MoC). Exporters will need to work with a local agent or importer.
Coverage Electrical and electronic equipment
Trading restrictions

ISRAEL

Since 1953

Chapter Standards  |  Sub-chapter Telecom network and base standards
Technical Standards Act of 1953 and its Regulations
The Technical Standards Act provides that the Israeli Technical Standards Institute has the exclusive right to determine technical standards in Israel. Although the national standards declared by the Standards Institution of Israel are voluntary, the Minister of Industry, Trade and Labor may, following consultations with representatives of the manufacturers and the consumers, declare all or part of a given standard to be mandatory. Some Israeli standards may be more rigid and demanding than international ones.
Coverage Horizontal
Trading restrictions

ISRAEL

Reported in 2015

Chapter Quantitative Trade Restrictions  |  Sub-chapter Export restrictions
Export licensing regime
In Israel, exports can be denied or restricted by the Ministry of Defense (MOD) depending on the type of license which is issued. "Restricted Licenses" are commonly issued and generally contain a set of standard restrictions. These standard restrictions include a ban on exports to Iran, Lebanon, Sudan, Syria, North Korea and Cuba, as well as a requirement to obtain specific MOD permission for all transfers of source-code and of other similar “knowhow” underlying the encryption product. "Special Licenses" are issued in circumstances warranting more tailored licensing conditions and are required for any prospective export to Iraq, Libya or to areas governed by the Palestinian Authority.
Coverage Exports to Iran, Lebanon, Sudan, Syria, North Korea and Cuba, Iraq, Libya or to areas governed by the Palestinian Authority
Trading restrictions

ISRAEL

Reported in 2013

Chapter Quantitative Trade Restrictions  |  Sub-chapter Import restrictions
Import licensing regime
Imports from 17 WTO Members and non-Members that do not have diplomatic relations with Israel or prohibit imports from Israel are subject to a special import licensing regime. These include: Bahrain, Bangladesh, Brunei Darussalam, Cambodia, Chad, Cuba, Indonesia, Kuwait, Malaysia, Mali, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Tunisia, and United Arab Emirates.The licence scheme is subject to annual review.
Coverage 17 countries
Source
  • WTO Trade Policy Review Report by the Secretariat, Israel, Document WT/TPR/S/272/Rev.1, 8 May 2013
Restrictions on data

ISRAEL

Since 2008

Chapter Intermediary liability  |  Sub-chapter Lack of safe harbor for intermediary liability
Copyright Act
In the current legislation, there is only one section that could be applied in certain cases to intermediary liability. It is, however, quite narrow. Section 58 of the Copyright Act defines an “Innocent Infringer” as an infringer who “did not know, or could not have known, at the time of the infringement, that copyright subsists in the work.” In such case, the innocent infringer “shall not be obligated to pay compensation in respect of the said infringement.” For example, the Central District Court held that the owners of the website forum rotter.net, which contained many user-posted links to infringing movie downloads, could not be held liable for these links, and were not required to monitor the site for infringement as long as they were operating a notice-and-takedown procedure.
Coverage Internet intermediaries