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Laws of anti - dumping in India


Interested parties in an anti-dumping investigation

The interested parties to an anti-dumping investigation include:

  • The domestic industry on whose complaint the proceedings are initiated;

  •  The exporters or the foreign producers of the like articles subject to investigation;

  • The importers of the same article allegedly dumped into India ;

  • The Government of the exporting country/ countries.

  • The trade or business associations of the domestic producers/ importers/ user industries of the dumped product.

Any representative duly authorized by the petitioner/ interested parties/ Association etc. can appear in the Anti-dumping cases to represent the concerned parties.

 

Extent of anti-dumping duty

Under the WTO arrangement, the National Authorities can impose duties up to the margin of dumping i.e. the difference between the normal value and the export price. The Indian law also provides that the anti-dumping duty to be recommended/levied shall not exceed the dumping margin.

 

Minimum Level of Imports

Individual exporter:

Any exporter whose margin of dumping is less than 2% of the export price shall be excluded from the purview of anti-dumping duties even if the existence of dumping, injury as well as the causal link is established.

Country:

Further, investigation against any country is required to be terminated if the volume of the dumped imports, actual or potential, from a particular country accounts for less than 3% of the total imports of the like product.

However, in such a case, the cumulative imports of the like product from all these countries who individually account for less than 3%, should not exceed 7% of the import of the like product.



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