World Trade Organization Organisation Mondiale du Commerce Organización Mundial del Comercio

Reply: India's import policy on marble and similar stones is not inconsistent with its obligations under the WTO Agreements.

(vii) State trading

WTO Secretariat's report, page 58, para. 68

We have noted that the section of the WTO Secretariat's report covering state trading makes no reference to STEs operating at the State level. A number of Indian States operate STEs in the alcoholic drinks sector and some appear to disadvantage imported products as compared to their domestically produced like products.

11. 
    What mechanisms or measures are available to India to ensure that these STEs comply with India's WTO obligations vis à vis national treatment?
    

Reply: Any goods, for which exclusive or special privileges for import or export has been granted to STE(s), the STE(s) are required to make any such purchases or sales involving imports or exports solely in accordance with commercial considerations, including price, quality, availability, marketability, transportation and other conditions of purchase or sale in a non discriminatory manner and shall afford enterprises of other countries adequate opportunity, in accordance with customary business practices, to compete for participation in such purchases or sales. This is one of the conditions stated in paragraph 2.11 of the Foreign Trade Policy, 2009 14, which is available at the website http://dgft.gov.in. Amongst others, they are monitored by the concerned administrative departments/ministries and the auditing agencies.

(viii) Contingency measures

WTO Secretariat's report, page 61, para. 78

11. 
    Could India explain what the major innovations brought by the new procedure for sun set reviews (SSR) as compared to the previous rules are?
    

Reply: The Customs Tariff Act 1975 (as amended from time to time) and Anti Dumping Rules require the authority to conduct review of anti dumping duties. The Hon'ble Delhi High Court has held in Writ Petition No. 16893 of 2006 that sunset review is mandatory in order to determine whether cessation of the existing duty is likely to lead to the continuation or recurrence of dumping and injury. Therefore the Authority, in terms of said order, initiates a sunset review investigation in accordance with Section 9A(5) of the Act read with Rule 23 of Antidumping Rules to review the need for continued imposition of duty and to examine whether the cessation of such duty is likely to lead to continuation or recurrence of dumping and injury.

WTO Secretariat's report, page 62, para. 80

11. 
    Could India please inform whether it is foreseen in Indian law that a review for new exporter or producer from a country that is subject to an anti dumping duty should be "initiated and carried out on an accelerated basis" as provided by Article 9.5 of the WTO Anti dumping Agreement?
    

Reply: Rule 22 of India's Anti Dumping Rules explains the provisions for determination of margin of dumping for exporters not originally investigated. The above rules can be downloaded from the website www.commerce.nic.in.

WTO Secretariat's report, page 62, para. 81

As explained in the report, it is understood that no price undertaking can be accepted before a preliminary determination is made.

11. 
    Could India indicate until when a price undertaking can be accepted by the investigating authorities?