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        Customs, DGFT & SEZ

        Anti-Dumping Duty

        December 13, 2014

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        The Government has initiated anti-dumping investigations into 309 cases during the period from 1992 till 30.11.2014. The major product categories on which anti-dumping duty has been levied are chemicals and petrochemicals, pharmaceuticals, fibres/yarns, steel and other metals and consumer goods.

        During the years 2011 to 2014 the following major notifications were notified by the Central Government in its legislation concerning anti-dumping measures:-

        (i) Notification No.15/2011-Customs (N.T.) dated 01.03.2011 – amendments in the provisions concerning Mid Term Review, Sun Set Review etc. under Rule 23 of Anti-dumping Rules and Principles for determination of non-injurious price.

        (ii) Notification No. 86/2011-Customs (N.T.) dated 01.12.2011- amendment in Rule 2(b) of Customs Tariff Rules, 1995 concerning definition of Domestic Industry.

        (iii) Notification No. 6/2012-Customs (N.T.) dated 19.01.2012- concerning determination of amount paid in excess of actual margin of dumping for the purpose of refund of anti-dumping duties paid in excess and determination of circumvention of anti-dumping duty.

        (iv) Notification No. 5/2012 dated 19.1.2012 regarding Refund of Anti-dumping duty Rules, 2012

        Dumping of goods is an unfair trade practice. Anti-dumping duty is a trade remedial measure permitted under WTO Agreement. The basic objective of imposition of anti-dumping duty is to create a level playing field for the domestic industry in the domestic market vis-à-vis dumped goods. Anti-dumping system is a constantly evolving process enriched by outcome of findings of authorities, WTO guidelines and jurisprudence. The anti-dumping rules governing anti-dumping investigations are amended from time to time.

        This information was given by the Minister of State (Independent Charge) in the Ministry of Commerce & Industry Smt. Nirmala Sitharaman in a written reply in Lok Sabha.

        Anti-dumping duty as a trade remedial measure to restore competitive conditions for domestic industry under WTO principles. The document explains that anti-dumping duty is a WTO-permitted trade remedial measure imposed to level the domestic market against dumped imports, and notes that the legal framework has been amended to address mid-term and sunset reviews, determination of non-injurious price, definition of domestic industry, refund rules for excess duties, and circumvention determinations.
                          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.

                                Anti-dumping duty as a trade remedial measure to restore competitive conditions for domestic industry under WTO principles.

                                The document explains that anti-dumping duty is a WTO-permitted trade remedial measure imposed to level the domestic market against dumped imports, and notes that the legal framework has been amended to address mid-term and sunset reviews, determination of non-injurious price, definition of domestic industry, refund rules for excess duties, and circumvention determinations.





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                                ActsIncome Tax
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