Antidumping Measures: Policy, Law and Practice in India

Antidumping Measures: Policy, Law and Practice in India
Author: Sheela Rai
Publisher: PartridgeIndia
Total Pages: 435
Release: 2014-05
Genre: Law
ISBN: 148282177X

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Antidumping Measures have been cirticised as anti to competition policy. It is alleged that they are usually abused by small group of producers to protect their monopoly or to protect their cartel prices. India after liberalisation of its economy has become one of the leading users of antidumping measures. Indian use of antidumping measures are being critcised on the same lines on which antidumping measures are generally criticised. Through the anaysis of 150 sample cases the author finds that the criticism is not justified. In addition to it antidumping measures have to be analysed in the general economic policy background of the country. The book attempts to do the same and concludes that although there are very few cases in which antidumping measrues were sought for protectionist purposes, in genreal Indian domestic industry has been vulnerable when it sought the protection of antidumping measures. Antidumping measrues in a way are a tool to regularly check market distortions before these distoritions become serious enough to attract the notice of the competition authority. These measures also help in maintenenace of trade on MFN basis as dumped products as much hurt imports from other sources as they hurt the domestic industry.

Antidumping Duty Laws in India

Antidumping Duty Laws in India
Author: Anand Singh
Publisher:
Total Pages: 104
Release: 2017-02-20
Genre:
ISBN: 9781546890812

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The concept of anti-dumping find its roots in the trade practices of 1930s when many countries resorted to dumping of goods into foreign countries at extremely low prices for earning foreign exchange. Manipulative currency practices such as devaluation of currency, was very popular in such countries for cost reduction of goods manufactured and traded globally by domestic industries.Anti-dumping legislation arose at the end of the nineteenth century as a policy alternative to frequent revision of import tariffs and was used by different countries to protect their domestic industries from the ill effects of dumping. Canada was the first country to launch antidumping measures in 1904 against American firms who were found dumping steel at discriminatory prices. Many Commonwealth countries also followed suit and imposed anti-dumping duties during next ten years on the predatory pricing policies of exporting countries. The perceived threat of predatory practices resulted in the first American anti-dumping legislation under the Revenue Act of 1916. In 1921 Australia, Great Britan, New Zealand and the United States implemented new antidumping statutes. Along with Canada's original legislation, these legislations served as the foundation for Article VI of The General Agreement on Tariff and Trade (GATT), 1947. The unsuccessful struggle of League of Nations between the two World Wars on the issue of dumping and differential pricing gave a thrust to the post war efforts of formation of International Trade Organisation and GATT. The General Agreement on Tariff and Trade (GATT) 1947 was the first effort to lay down the rules governing International Trade for establishing free trade between countries. When the pros and cons of dumping were examined during formation of GATT, it was found that the dumping itself is not a bad practice but can be a kind of booster to the industry. Dumping was found to be a source of additional revenue to the industry and also benefitted the consumers by availability of goods at cheaper rate. The dumping, therefore, was not prohibited under the GATT but, when dumping was seen causing any kind of injury to the domestic industry of importing country, then, to nullify the effect of dumping, the GATT allowed its signatory Countries to take anti-dumping measures. The United States of America was the first member nation to address the unfair trade practices of dumping and subsidized exports before the watchdogs of international trade. There was general support for antidumping and countervailing measures, though there were differences on the scope of dumping definition and on retaliatory measures other than anti-dumping duties. The developing countries favoured a wider definition to include price, service, exchange and social dumping, whereas the developed countries favoured a narrower definition to avoid opening up of a wide range of retaliatory measures. On the question of retaliatory measures the imposition of quantitative restrictions was finally avoided and antidumping duties were accepted as the right course to neutralize dumping margins. Thus the first multinational rules and conditions on antidumping under which individual countries were justified in taking defensive measures, were incorporated in Article VI of GATT.

Anti-Dumping Measures in India

Anti-Dumping Measures in India
Author: Pramod Kumar Rai
Publisher: OrangeBooks Publication
Total Pages: 164
Release: 2021-01-12
Genre: Law
ISBN:

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The book explains the substantive concepts as well as procedural aspects of Anti-dumping law in India in a nutshell. It also contains the text of legal provisions, both national and international along with the format of applications and responses to be submitted by interested parties. The book shall be useful for professionals, members of the trade, and law students.

Guide to International Anti-Dumping Practice

Guide to International Anti-Dumping Practice
Author: Derk Bienen
Publisher: Kluwer Law International B.V.
Total Pages: 704
Release: 2013-09-01
Genre: Law
ISBN: 904114692X

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This book is the first to bring together the actual practices and procedures in all the major users of anti-dumping. The countries surveyed include all the so-called ‘traditional’ users (Australia, Canada, the EU, New Zealand, South Africa, and the United States) as well as the leading ‘new’ users (Argentina, Brazil, China, India, Korea, Mexico, and Turkey). The book provides not only an overview of each of the systems considered but also a detailed reference to the way different jurisdictions have handled specific issues. In addition, the structure for each chapter is virtually identical, allowing for a ready comparative analysis of various topics. These topics include the following: ; applicable legislation, regulations, prescribed guidelines and procedures; decision-making process and time-line; the likelihood of an investigation leading to the imposition of measures; statistics 1995–2011 with details of actual investigations and duties imposed; threshold of injury and calculation of non-injurious price; establishment of causal link; verification reports, hearings, access to information, and other procedural issues; reviews and refunds; and anti-circumvention measures. An introductory chapter provides a comparative statistical analysis of the use of anti-dumping by the thirteen countries, highlighting key features of anti-dumping systems in a comparative way. The introduction also assesses the important impacts of China’s accession to the WTO in 2001 and of the economic and financial crisis of 2008–2009, discusses the treatment of non-market economies, and notes emerging tendencies in anti-dumping reform. This is an invaluable work on a key area in trade (and competition) law, written by a team of well-known experts. With its comprehensive and practical format, the book will be of great interest to practitioners dealing with anti-dumping cases, including trade law practitioners who may have to defend anti-dumping cases in different jurisdictions, attorneys in international trade law and competition law, government officials, academics, and researchers.

World Trade Organization Agreement on Anti-dumping

World Trade Organization Agreement on Anti-dumping
Author: K. D. Raju
Publisher: Kluwer Law International B.V.
Total Pages: 522
Release: 2008-01-01
Genre: Law
ISBN: 9041127801

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The WTO Secretariat reports that during the period from 1995 to June 30, 2007 WTO members initiated 3097 anti-dumping investigations. Of these, 474 were put forward by India, which made it the largest user of this measure among WTO Members. The traditional argument of developing countries was that loopholes or absence of clear definitions in the anti-dumping rules have increased the possibility of abuses and discretionary practices against them. Now, many developing countries like India have become frequent users of this measure. For a better understanding of the various provisions of the WTO's Anti-dumping Agreement (ADA) a critical investigation of the resulting jurisprudence is a necessity. To that end, this timely work has a fivefold aim: and• To explore the jurisprudence that has emerged around the anti-dumping regime and how it affected developing countries; and• To assess how effectively and to what extent the WTO's Dispute Settlement Body (DSB) is able to analyze the violations of ADA provisions; and• To examine domestic compliance with DSB decisions; and• To study the Indian cases which come before the nation's Customs, Excise andamp; Sales Tax Appellate Tribunal, various High Courts and the Supreme Court of India; and and• To offer recommendations for the improvement of the anti-dumping regime from a developing country perspective.

Anti-dumping Laws and Practices of the New Users

Anti-dumping Laws and Practices of the New Users
Author: Junji Nakagawa
Publisher: Cameron May
Total Pages: 390
Release: 2007
Genre: Antidumping duties
ISBN: 1905017251

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More and more members of the WTO are using anti-dumping (AD) measures as an effective tool for protecting domestic industries facing competition with foreign products. In contrast to the 'big four' (US, EC, Canada and Australia), which have been using AD measures frequently since the GATT era, many of the new users established their AD regimes and began to use them after the establishment of the WTO. Why are there more and more new users? How are they applying AD measures? Do they comply with the rules of the WTO Anti- Dumping Agreement? What are their specific characteristics in the handling of AD cases? What should exporters and practitioners do to prepare for AD investigations by the new users? Based on extensive analyses of primary materials and hearings from practitioners and AD authorities, this book provides detailed and updated information to answer these questions on the following new users: China, Chinese Taipei, Korea, Thailand, India, South Africa, Mexico, Argentina, and Brazil.

A Critique of Anti-Dumping Laws

A Critique of Anti-Dumping Laws
Author: Owais Hasan Khan
Publisher: Cambridge Scholars Publishing
Total Pages: 158
Release: 2018-10-12
Genre: Law
ISBN: 1527519147

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This book presents a critical analysis of anti-dumping laws enforced by the World Trade Organisation. Anti-dumping laws are the most debatable provisions of the WTO, which, though legally permitted, have a significant distorting effect on trade. They are also often used as a non-tariff barrier to trade in the form of regulatory protectionism. The book brings forth the philosophical, conceptual and practical flaws of international anti-dumping laws, and establishes a case for the repealing of such laws. Furthermore, it proposes the replacement of these laws with international competition law. In doing so, it also demonstrates the ascendancy of international competition law over anti-dumping laws, and discusses India’s take on anti-dumping laws and their incorporation in domestic regulations.

Antidumping

Antidumping
Author: Reem Raslan
Publisher: Kluwer Law International B.V.
Total Pages: 232
Release: 2009-09-21
Genre: Law
ISBN: 9041144803

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This book aims to examine the use of antidumping laws as “temporary adjustment” safety valves. That is, domestic industries suddenly exposed to international competition need some measures to help them cope with the new market conditions. The book is divided into six chapters: The introductory chapter first examines the definition of dumping and antidumping. it then evaluates antidumping regulation both at the national and WTO level; The second chapter reviews current WTO antidumping law; The third and fourth chapters look at the antidumping experience of two developing countries: Egypt and India. The fifth chapter examines how current competition law deals with the practice of dumping. Accordingly, price discrimination law and predatory pricing law of both major competition law jurisdictions, the US and the EU are examined. This chapter aims to answer the question of whether competition law in its current form can replace antidumping law; and Finally, the sixth chapter looks at economies of scale as barriers to effective competition.

The Antidumping and Countervailing Duty Laws

The Antidumping and Countervailing Duty Laws
Author: Judith Hippler Bello
Publisher:
Total Pages: 220
Release: 1987
Genre: Business & Economics
ISBN:

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This work represents a compilation of articles previously published in the International Lawyer which examine key and often critical policy issues.