Reply: This is being worked out and will be notified to WTO.
Switzerland 17:
Report by the Secretariat: III. Trade policies and practices by measure: (2) Measures directly affecting imports: (viii) Contingency Measures: (a) Anti dumping and countervailing measures: Overview: Para. 73:
According to para. 73, anti dumping investigations may be initiated by the Directorate General of Anti Dumping and Allied Duties (DGAD), in the Department of Commerce, upon a written application by or on behalf of domestic industry, or on its own initiative if there is justification to launch an investigation. Could the Indian authorities indicate on the basis of what type of justification an anti dumping investigation would be launched ex officio? Also, could the Indian authorities explain why the Government needs to initiate an anti dumping investigation if there is no demand to that effect from the domestic industry? Could the Indian authorities further explain how an ex officio initiation is consistent with the standing requirements of Article 5.4 of the WTO Anti dumping Agreement if no request to initiate an investigation has been received from the domestic industry (petitioners must indeed account for at least 25% of total domestic production of the like product and the domestic producers expressly supporting the application must account for more than 50% of the total production of the said product)?
Reply: The following provision in sub rule 4 of India's Anti dumping Rules is a kind of exception clause in the Rule 5, which relates to initiation of anti dumping investigation: "(4) Notwithstanding anything contained in sub rule (1) of the anti dumping rules the designated authority may initiate an investigation suo moto if it is satisfied from the information received from the Commissioner of Customs appointed under the Customs Act, 1962 (52 of 1962) or from any other source that sufficient evidence exists as to the existence of the circumstances referred to in clause (b) of sub rule (3) of anti dumping rules."
