World Trade Organization Organisation Mondiale du Commerce Organización Mundial del Comercio

Chile 10:

In paragraph 71, section IV) Trade Policy, paragraph 4) trade policy issues facing India, the Government report, noted that India's participation in world trade is small (1.3% of exports in 2009). In addition, it mentions that notwithstanding this, India has been affected by a disproportionate number of trade defense measures (90 anti dumping measures were imposed against India in the period from January 1995 to June 2010).

In paragraphs 85, 86 and 87, section III) Trade policies by measure – 2) measures directly affecting imports – viii) Contingency measures, a) Antidumping and Countervailing Measures; the Report of the Secretariat, gives background on anti dumping measures taken by India. Inter alia it mentions that (1) India is one of the main users of antidumping measures, (2) the application of such measures has increased in recent years (207 in force until December 2010) and (3) their average length is greater to 4.5 years. Moreover it states that India's share in world imports of goods amounted to 2% (in 2009).

Considering that the government report itself acknowledges the prejudicial effects of such excessive use of anti dumping measures on trade competitiveness of India, could India explain if it expects to review or thinks it is necessary to revise its internal laws on anti dumping in the light of statistics derived from its implementation/report.

Reply: The purpose of anti dumping duties, in general, is to address the injury caused to the domestic industry by the unfair trade practices of dumping. Anti dumping investigations are carried out strictly as per India's Customs Tariff (identification, Assessment and collection of anti dumping duty on dumped articles and for determination of injury) Rules, 1995 as amended and in conformity with the provisions of the WTO Agreement on Implementation of Article VI of the GATT 1994.

Chile 11:

WT/TPR/S/249: (ix) Standards and technical regulations: (b) Technical regulations: Para 104:

Responsibility for the formulation of technical regulations is with the agency in charge of the respective area. The formulation of a technical regulation follows a similar process to the formulation of a standard. A draft technical regulation is sent out for comments prior to its adoption by the concerned ministry/department/organization and publication in the Official Gazette. Comments must be provided within 60 days of the publication of the notice. The draft technical regulations are also notified to WTO Members for comments. Comments received on the draft are examined by the ministry concerned. If divergent comments are received, an expert group examines and considers the comments and their incorporation in the final version. The process of finalization of draft regulations takes 6 to 12 months, including approval of the competent authority, vetting, and translation into Hindi. The final regulation (via a notification) is published in the Official Gazette giving its date of implementation; it is simultaneously notified to the WTO. Amendments to technical regulations are made through a similar process, from time to time, based on industry needs or due to new scientific developments, new sanitary and environmental circumstances, and harmonization with international standards.

Question:

1. 
   In India is the formulation of technical regulations only the responsibility of the Central Government? In case local governments also formulate technical regulations, are these also notified to the WTO?
   
2. 
   Is there a level of coordination among agencies responsible for formulating technical regulations?