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        Case ID :

        Safeguarding Indian SMEs from Chinese goods

        December 2, 2009

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        Imports from China during last 3 years is given in the table below:

        Table: Imports from China

        Year

        Imports (Rs. Crore)

        2006-07

        79,008

        2007-08

        109,116

        2008-09

        147,605

                    Trade defence measures are available to the domestic industry to counter unfair trade practices followed by exporters of goods from other countries.  In case a product is imported into the country at less than its normal value, and it causes injury to the domestic industry, the domestic industry can make an application to Directorate General of Anti-Dumping and Allied duties (DGAD) in the Department of Commerce for imposition of anti-dumping duty.  Similarly, an application for imposition of safeguard duty can be made by the domestic industry to the Directorate General of Safeguards under the Ministry of Finance, in case there is serious injury/market disruption, or threat of series injury/threat of market disruption to the domestic industry, as a consequence of increased imports of an article into India. During 2008-09 and 2009-10 (up to November 2009) anti-dumping duty was imposed in 22 cases (final duty in 12 cases and provisional duty in 10 cases) and final Safeguard duty was imposed in 4 cases.

        Under Section 3(2) of Foreign Trade (Development and Regulation) Act, 1992, the Central Government has an inherent power to impose restrictions on import of goods.  The Customs Tariff Act, 1975 presently includes provisions for providing relief to the domestic producers against injury caused to them by imports, in accordance with the Agreement on Anti-Dumping (i.e. the Agreement on the implementation of Article VI of GATT, 1995), the Agreement on Subsidies and Countervailing Measures, and the Agreement on Safeguards.  These provisions are aimed at offsetting the adverse effects of 'dumped' imports, 'subsidized' imports or 'increased' imports. 

                    This information was given by Shri Jyotiraditya M. Scindia, Minister of State for Commerce and Industry, in a written reply in the Rajya Sabha today.

        Trade defence measures protect domestic industry via anti-dumping and safeguard duties against injurious imports. Where imports are priced below normal value and cause injury, domestic industry may seek imposition of anti-dumping duties; where increased imports cause serious injury or threaten market disruption, domestic industry may seek imposition of safeguard duties. The Customs Tariff Act provides relief consistent with international agreements on dumping, subsidies and safeguards, and the Central Government has power under the foreign trade statute to restrict imports.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Trade defence measures protect domestic industry via anti-dumping and safeguard duties against injurious imports.

                                Where imports are priced below normal value and cause injury, domestic industry may seek imposition of anti-dumping duties; where increased imports cause serious injury or threaten market disruption, domestic industry may seek imposition of safeguard duties. The Customs Tariff Act provides relief consistent with international agreements on dumping, subsidies and safeguards, and the Central Government has power under the foreign trade statute to restrict imports.





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                                ActsIncome Tax
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