World Trade Organization Organisation Mondiale du Commerce Organización Mundial del Comercio

Further appeals lie to the Customs, Excise and Service Tax Appellate Tribunal.

Customs valuation and clearance

Brazil 8:

Paragraph 22 of page 40 of the Report by the Secretariat indicates that the reference prices for customs valuation of imported edible oil remain unchanged since 2006, despite Indian authorities' claim that reference prices are revised every two weeks and are adjusted to align with international market prices.

Brazil would like to ask India if it intends to review those reference prices in light of the changes that may have occurred in international prices for those products since 2006.

Reply: Tariff values are currently being fixed only in respect of palm group of oils, crude soybean oil, poppy seeds and brass scrap. These values are frequently reviewed and revised on the basis of prevailing international prices of these goods as observed from the various reputed international journals and other publications. The tariff value of edible oils is reviewed along with other goods that are subject to tariff values.

Rules of origin

Brazil 9:

According to document WT/TPR/S/249, page 42, § 26, the Secretariat reports that India does not apply non preferential rules of origin. In contrast, the Secretariat reports that "India is one of the most active users of anti dumping measures among WTO Members. Since its last Review in 2007, India has also imposed several safeguard measures". (page 25, § 3). How does the Indian government implement anti dumping duties and safeguard measures without a non preferential rules of origin regime?

Reply: Article 2 of Anti dumping Agreement contains clear rules regarding determination of dumping. Article 2.1 and 2.5 provide guidance regarding determination of dumping margin having regard to the country of origin. As per Article 2.2 of the Safeguard Agreement, safeguard measures are to be applied to a product being imported irrespective of its source.

Tariffs

Brazil 10:

According to document WT/TPR/S/249, page 49, § 41, India has 3 PTAs – limited in scope – signed with Mercosur, Thailand and Chile. Does India intend to discuss widening the product coverage and deepening preferences of these PTAs?