In cases where trading companies are exporters of subject goods to India and who do not cooperate during investigations, they are subject to "all others rate"
In cases where trading companies are exporters of subject goods to India and who do not cooperate during investigations, they are subject to "all others rate".
Singapore 6:
The WTO Secretariat's Report (WT/TPR/S/249, page 61, para 75) indicates that the margin of dumping for each exporter or producer is determined by the Directorate General of Anti Dumping and Allied Duties (DGAD), following which the Department of Revenue may, within three months of publication of the final findings, impose the anti dumping duty by notification in the Official Gazette.
Can India explain how it determines a dumping margin? Specifically, is a 'combination rate' used for the determination of duties?
If so, can India explain the conditions under which combination rates will be applied and the procedural safeguards, if any, to avoid unintended penalties on exporters who have cooperated in the investigation to the best of their ability?
Reply: The dumping margin is determined in accordance with Article 2 of the Agreement on Anti Dumping. A combination rate is used when the producer and exporters of subject goods exported by them to India are different and if they cooperate before the Authority, then a combination rate citing both producer and exporter is given.
Singapore 7:
We note with concern that (i) the number of anti dumping measures in force have increased from 177 on 30 June 2006 (at the end of the last TPR period) to 207 on 31 December 2010; (ii) only about a third of the sunset reviews resulted in elimination of the measure; and (iii) India accounts for 18% of anti dumping measures adopted by Members which is significantly disproportionate to its share of global imports. Given that most of the countries affected by India's antidumping measures are developing countries, would India consider measures to mitigate the impact of its antidumping measures on the other developing countries?
Would India be able to provide a list of the safeguard measures that are currently in place and the dates of their expiry?
Reply: The purpose of anti dumping duties, in general, is to eliminate injury caused to the domestic industry by the unfair trade practices of dumping. The anti dumping investigations are carried out as per 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 Agreement on implementation of Article VI of the GATT 1994.
