Report by the Secretariat (WT/TPR/S/249): III. Trade Policies and Practices by Measure: (2) Measures Directly Affecting Imports: (viii) Contingency measures (a) Anti dumping and countervailing measures
Paragraph 77 states:
An investigation may be terminated by the DGAD at any time if: there is a written request from or on behalf of the domestic industry at whose instance the investigation was initiated; there is insufficient evidence of dumping or injury; the injury is negligible; the margin of dumping is less than 2% of the export price; or the volume of the dumped imports is less than 3% of imports of the like product, unless the countries accounting for 3% individually account for over 7% collectively of imports of the like product. (emphasis added).
Question: In considering whether there is insufficient evidence of dumping or injury, how does India consider the evidence in light of WTO Agreement disciplines? For example, in determining whether a "particular market situation" exists in dumping proceedings, how does India consider evidence in light of the interpretation of this term under Article 2.2 of the Anti Dumping Agreement?
Reply: A determination whether "particular market situation" exists is made in the context of a specific anti dumping investigation. An important consideration being, whether due to "particular market situation" the domestic market sales permit a proper comparison for dumping margin determination.
