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Anti Dumping Agreement India

Under the GATT provisions, national authorities are not allowed to impose duties greater than the dumping margin. It is proposed, however, that the competent government authorities impose a lesser sufficient obligation to eliminate the damage done to domestic industry. Under Indian law, the government is required to limit the anti-dumping duty to the lower margin of the two, namely the margin of dumping and the margin of harm. The “margin of harm” is the difference between the fair selling price and the cost of maintaining the product concerned. The “Landed Cost” for calculating the margin of harm is considered an evaluable value under customs law and basic customs duties. Please note that in addition to calculating the dumping margin, the designated authority also calculates the margin of harm in the manner shown above. All exporters with a dumping margin of less than 2% of the export price are excluded from the scope of anti-dumping duties, even if dumping, harm and causation are established. Another problem with anti-dumping legislation is that it can have significant consequences for consumers of the product for which the government has been subject to an anti-dumping duty. According to the Indian Council for Research on International Economic Relations` discussion paper, between 1995 and 2000, India opened 176 cases (individually per country), representing 12% of the world`s open cases. Article VI of the GATT is known as the anti-dumping agreement.

[5] The code was drafted after Uruguay`s 1994 round of negotiations. This has enabled the successful implementation of international standards for Member States. India has also amended national legislation under the GATT Anti-Dumping Code Extensive and detailed procedural requirements for reflection measures focus on the sufficient number of petitions to reduce the number of investigations, the setting of deadlines for closing investigations and access to information for all interested parties, as well as rational opportunities to present their views and arguments. The rules and regulations also provide for the date of the establishment of anti-dumping duties, the duration of these rights, and require the designated authority to regularly check the persistent requirements for anti-dumping duties and price commitments. It is also made available at its sole discretion by obtaining anti-dumping measures at the request of a third country that is a member of the World Trade Organization. The anti-dumping proceedings are based on a complaint made by the relevant domestic industry to the designated authority of the Ministry of Commerce for an investigation into the alleged dumping of a product destined for India. In accordance with the internal regulations, a valid application can only be made by domestic petitioners/producers who expressly support the application and account for more than 25% of the total domestic production of the article in question. In the absence of common competition rules, anti-dumping measures are needed.3 Apart from that, anti-dumping remains a value because the international application of competition law is politically unenforceable.4 Despite the various shortcomings of anti-dumping legislation, it has been found that it is not possible to abolish anti-dumping regulation without an effective alternative. Anti-dumping is a necessary evil to counter cross-border price discrimination and predatory pricing. Another way to defuse the conflict between anti-dumping law and competition law is the introduction of a framework for international competition law. This is me.