TOPIC:- ANTI DUMPING TRADE LAW: AN INDIAN PERSPECTIVE
BY - NOOR E AMNA
Table of Contents
S.No. Topic Page No.
1. Abstract 2
2. Introduction 3-4
3. What is Anti-Dumping 4-8
4. Anti-Dumping Procedure in India 8-9
5. Condition for Initiation Anti-Dumping Investigation 9-11
6. The Extent of Protection via Anti-dumping Law: A Case Study 11-12
of the Vitamin-C Industry in India.
7. Anti-Dumping Duties by India: Phosphoric Acid 13
8. India imposes anti-dumping duty on digital printing plates from 13-14
China, Japan, 3 other nations
9. Anti-Dumping Duties by India: Steel Products 14-15
10. Tribunal ruling under anti-dumping law gives respite to domestic 15-17
industry in India
11. Anti-Dumping Duties by India: Other Products 17-18
12. Anti-Dumping Committee reviews members’ notifications, 18 -20
reports at first 2022 meeting
1
, 13. Conclusion 20-21
14. References 21
ABSTRACT
The conception of Anti-Dumping measures serves a host of counteraccusations and is important
armament in the arena of both public and transnational trade. Present trade programs have picked
up the most liberal approaches. utmost of the countries has imbibed and enforced colourful
vittles on anti-dumping. India, also being a member of WTO has drafted its laws and programs
keeping in mind the vittles’ stated in the WTO/ GATT Agreement. Thereby to understand the
Indian perspectives, transnational aspect cannot be ignored and needs an immediate reference.
Although, many of the bills in India decide for anti-dumping vittles’ as put forward in the present
paper. Anti-dumping principally, deals with the price gusted of the exporters whereby, injury is
the main component needed to be proved. Discarding is per se not unlawful as prices may vary
from time to time, in agreement with the force- demand request oscillations. Anti-dumping as a
form of price demarcation is a casual practice in the sphere of transnational trade. Whenever
Anti-dumping emerges as a trouble to domestic request of a country, its Designated Authority
has the power under WTO Agreement to initiate necessary action against similar exporters
required to be proved. Dumping itself is not illegal because prices can sometimes change in
response to force- demand request variations. In the world of transnational trade, dumping is a
common kind of price demarcation. According to the WTO Agreement, where dumping poses a
detriment to a nation's domestic request, that nation's Designated Authority has the authority to
take the applicable action against similar exporters.
2
, INTRODUCTION
Most nations have seen a shift in their trade policy regimes from protectionist, inward-looking
regimes to more liberal, outward-looking regimes. Any administration with a free trade policy,
though, is vulnerable to calls for temporary industry protection as a result, the GATT includes
several contingency measures, which allow the signatories to forego their regular commitments
in certain circumstances conditions and impose greater safeguards against the import of one or
more products from one or more nations. Contingent security measures can be divided into three
groups: safeguard, countervailing, and antidumping actions.
The antidumping policies are the topic of the current investigation. In general, a commodity is
considered to have been dumped if it is brought into the commerce of another country at a price
lower than the product's typical worth and it seriously harms or threatens to harm an existing
industry in that nation. According to Article VI of the GATT, "a contracting party may collect on
any dumped product an antidumping tax not greater in amount than the margin of dumping in
respect of such country" in order to "balance or prevent dumping." To deal with dumping
imports, almost all WTO members have enacted or revised antidumping laws in large part in
compliance with GATT rules. Several nations that are not WTO members have also obtained
their antidumping legislation Almost 90% of all imports into the world today go through nations
with anti-dumping legislation1
This paper tries to address concerns with the antidumping measures in Indian context. One of the
emerging nations that use antidumping measures the most frequently is India. India imposed its
first antidumping tax in 1993. India started 176 instances between 1995 and 2000 (countries
individually), which is 12% of all the cases started globally. According to Table 1, India has 0.69
antidumping cases for every billion of imported products, compared to 0.06 globally.
India is the second-largest country in terms of incidence among the active user countries,
accounting for two-thirds of the overall antidumping investigations from 1995 to 2000, behind
only Argentina2.
1
Russia, for instance. China had also acquired its anti dumping legislation prior to becoming WTO member.
2
https://www.ipleaders.com
3
BY - NOOR E AMNA
Table of Contents
S.No. Topic Page No.
1. Abstract 2
2. Introduction 3-4
3. What is Anti-Dumping 4-8
4. Anti-Dumping Procedure in India 8-9
5. Condition for Initiation Anti-Dumping Investigation 9-11
6. The Extent of Protection via Anti-dumping Law: A Case Study 11-12
of the Vitamin-C Industry in India.
7. Anti-Dumping Duties by India: Phosphoric Acid 13
8. India imposes anti-dumping duty on digital printing plates from 13-14
China, Japan, 3 other nations
9. Anti-Dumping Duties by India: Steel Products 14-15
10. Tribunal ruling under anti-dumping law gives respite to domestic 15-17
industry in India
11. Anti-Dumping Duties by India: Other Products 17-18
12. Anti-Dumping Committee reviews members’ notifications, 18 -20
reports at first 2022 meeting
1
, 13. Conclusion 20-21
14. References 21
ABSTRACT
The conception of Anti-Dumping measures serves a host of counteraccusations and is important
armament in the arena of both public and transnational trade. Present trade programs have picked
up the most liberal approaches. utmost of the countries has imbibed and enforced colourful
vittles on anti-dumping. India, also being a member of WTO has drafted its laws and programs
keeping in mind the vittles’ stated in the WTO/ GATT Agreement. Thereby to understand the
Indian perspectives, transnational aspect cannot be ignored and needs an immediate reference.
Although, many of the bills in India decide for anti-dumping vittles’ as put forward in the present
paper. Anti-dumping principally, deals with the price gusted of the exporters whereby, injury is
the main component needed to be proved. Discarding is per se not unlawful as prices may vary
from time to time, in agreement with the force- demand request oscillations. Anti-dumping as a
form of price demarcation is a casual practice in the sphere of transnational trade. Whenever
Anti-dumping emerges as a trouble to domestic request of a country, its Designated Authority
has the power under WTO Agreement to initiate necessary action against similar exporters
required to be proved. Dumping itself is not illegal because prices can sometimes change in
response to force- demand request variations. In the world of transnational trade, dumping is a
common kind of price demarcation. According to the WTO Agreement, where dumping poses a
detriment to a nation's domestic request, that nation's Designated Authority has the authority to
take the applicable action against similar exporters.
2
, INTRODUCTION
Most nations have seen a shift in their trade policy regimes from protectionist, inward-looking
regimes to more liberal, outward-looking regimes. Any administration with a free trade policy,
though, is vulnerable to calls for temporary industry protection as a result, the GATT includes
several contingency measures, which allow the signatories to forego their regular commitments
in certain circumstances conditions and impose greater safeguards against the import of one or
more products from one or more nations. Contingent security measures can be divided into three
groups: safeguard, countervailing, and antidumping actions.
The antidumping policies are the topic of the current investigation. In general, a commodity is
considered to have been dumped if it is brought into the commerce of another country at a price
lower than the product's typical worth and it seriously harms or threatens to harm an existing
industry in that nation. According to Article VI of the GATT, "a contracting party may collect on
any dumped product an antidumping tax not greater in amount than the margin of dumping in
respect of such country" in order to "balance or prevent dumping." To deal with dumping
imports, almost all WTO members have enacted or revised antidumping laws in large part in
compliance with GATT rules. Several nations that are not WTO members have also obtained
their antidumping legislation Almost 90% of all imports into the world today go through nations
with anti-dumping legislation1
This paper tries to address concerns with the antidumping measures in Indian context. One of the
emerging nations that use antidumping measures the most frequently is India. India imposed its
first antidumping tax in 1993. India started 176 instances between 1995 and 2000 (countries
individually), which is 12% of all the cases started globally. According to Table 1, India has 0.69
antidumping cases for every billion of imported products, compared to 0.06 globally.
India is the second-largest country in terms of incidence among the active user countries,
accounting for two-thirds of the overall antidumping investigations from 1995 to 2000, behind
only Argentina2.
1
Russia, for instance. China had also acquired its anti dumping legislation prior to becoming WTO member.
2
https://www.ipleaders.com
3
