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 Measures: Policy, Law and Practice in India

Antidumping Measures: Policy, Law and Practice in India
Author: Sheela Rai
Publisher: Partridge Publishing
Total Pages: 432
Release: 2014-06-02
Genre: Law
ISBN: 1482821753

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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 Law and Practice

Antidumping Law and Practice
Author: John Howard Jackson
Publisher: University of Michigan Press
Total Pages: 534
Release: 1989
Genre: Dumping (International trade)
ISBN: 9780472101641

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Scholars, economists, lawyers, and government officials debate American trade policy

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.

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.

Circumvention and Anti-circumvention Measures

Circumvention and Anti-circumvention Measures
Author: Yanning Yu
Publisher: Kluwer Law International B.V.
Total Pages: 294
Release: 2008-01-01
Genre: Technology & Engineering
ISBN: 9041126864

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The unfair trade practice of dumping has been regulated for many years. Dumping distorts competition by selling exports at exceedingly low prices in foreign markets. Over the years, anti-dumping measures designed to counter dumping through the imposition of duties have become the most effective and popular way employed to protect domestic industries under threat. The 1980s, however, ushered in a counter measure: circumvention. As a means of avoiding anti-dumping duties, circumvention threatens the effectiveness of the anti-dumping system by undermining the protection provided for domestic industries. In response, anti-circumvention measures have been designed and implemented to combat those activities. This is the first book to offer a detailed analysis of this significant issue in anti-dumping practice.

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.

Anti-dumping and Countervailing Action

Anti-dumping and Countervailing Action
Author: Philip Bentley
Publisher: Edward Elgar Publishing
Total Pages: 233
Release: 2007-01-01
Genre: Law
ISBN: 1847206824

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''. . . a fine attempt to shed light on the legal rules that make antidumping and countervailing duty so controversial. Bentley, and experienced trade lawyer, and Silberston, a long-time professor of economics at Imperial College-London, team up to translate arcane and often incomprehensible legal rules into common sense language. Their book not a "how to" manual of how cases proceed, but rather a nontechnical review of many obscure but crucial concepts. The book''s appeal is considerably widened by their frequent discussion on whether the rules make economic sense. . . . the approach taken in the book enlightens policymakers, practitioners, and academics on the perverse nature of antidumping and countervailing duty laws. . . . a fine addition to the bookshelf of any scholar interested in studying trade agreements and administered protection.'' Thomas J. Prusa, Journal of Economic Literature ''Philip Bentley and Aubrey Silberston provide a balanced treatment of a complex area of trade law taking action against dumped or subsidized exports. They document in an accessible manner the many problems associated with current rules and practice and provide a practical set of recommendations to improve the administration of trade law in these areas.'' Bernard Hoekman, Development Research Group, The World Bank ''Written by a lawyer and an economist, both of whom have long experience and deep knowledge equally of theory and practice, this book offers a unique, objective and dispassionate analysis of anti-dumping and countervailing action from various aspects, not only what it is and how it is applied but also its problems and ambiguities not least in a globalised and interdependent world where it is easy to do as much damage to one''s own producers and consumers as to the apparent transgressor. Finally, some thoughts are offered as to what might be done to introduce greater rigour and discipline and to resolve the principal defects. A comprehensive guide to and review of this area of trade policy has long been needed; here it is. Trade policy practitioners, lawyers, students, and above all the negotiators should read it. Bentley and Silberston will be the standard work for some time to come.'' Anthony Hutton, formerly Director-General for Trade Policy in the Department of Trade and Industry, London, UK ''With their book Anti-Dumping and Countervailing Action Philip Bentley and Aubrey Silberston provide an eminent addition to the legal and economic literature on the subject of the appropriate use of anti-dumping and countervailing duties. Rather than offering a nuts and bolts how to book, the authors deliver a succinct and relatively non-technical overview of substantive concepts and problems inherent in the use of these commercial defence instruments that will appeal to experts and non-experts alike. While the book focuses on the WTO Anti-Dumping Agreement and its implementation in the EU and the United States, it offers valuable lessons for administrators and practitioners in other user countries also. One may not agree with all elements of their analysis I, for one, would certainly not agree with their conclusion that pre-Uruguay Round zeroing made legal and economic sense but their inter-disciplinary approach is thought-provoking and refreshing as well as timely in the middle of the EU reflection on the use of the anti-dumping instrument that EU Trade Commissioner Mandelson has launched.'' Edwin Vermulst, partner Vermulst, Verhaeghe & Graafsma, Brussels, Belgium; editor Journal of World Trade and Global Trade and Customs Journal; author of the WTO Anti-Dumping Agreement (OUP 2006) ''This book is an excellent study in depth of the practical problems that arise for regulatory authorities in seeking to apply the international rules, as laid down in the various WTO agreements, when requests for anti-dumping or countervailing measures have been received from industry. It offers not only an analysis of the difficult choices awaiting the practitioner but also a rigorous examination of the economic sense, if any, behind the practices that have evolved in recent years. On several occasions this sense is found to be wanting, and the authors make some thought provoking points and recommendations for change. Highly recommended for students and practitioners alike.'' Roderick Abbott, former deputy Director General at DG Trade in the EC Commission, and later deputy DG at the WTO This book, written by a lawyer and an economist both of whom have worked extensively in the field of international trade, offers a challenging and thought-provoking consideration of actions against dumping and export subsidies. Unlike many books in the field which simply set out the relevant international agreements and discuss their interpretation by various regulatory authorities, this book identifies numerous contradictions found in existing law and practice. Many of which, the authors argue, defy economic as well as legal logic. In light of their analysis, the authors propose a number of changes to current law and practice. Whilst they are under no illusion of the likelihood that such changes will occur in the relevant agreements in the near future, it is hoped that through compelling argument they can not only contribute to future debate, but also shape the way these issues are treated in practice. Providing a critical analysis of the commonly used trade measures against dumping and export subsidies, Anti-Dumping and Countervailing Action will be of international interest, especially to regulatory authorities, trade lawyers, trade economists and scholars and students in business school