World Trade Organization Organisation Mondiale du Commerce Organización Mundial del Comercio

Reply: India has so far not imposed any quantitative restrictions as safeguard measures under the Safeguard Agreement.

Mexico 13:

In Paragraph 68 of section vii) State trading: India still performs state trading or canalizes some agricultural products (ie, certain cereals, copra and coconut oil), urea and petroleum (Table III.11). The DGFT allows seven state trading enterprises to trade in these products. However, according to the Foreign Trade Policy 2009 2014, when these companies cannot supply the market, the DGFT may allow other companies to import any canalised goods. The Indian Oil Corporation Ltd. still has a monopoly on natural gas imports (HS 2710.11.20), other gasoline (HS 2710.11.90) and light gas oil (HS 2710.19.40), while other state enterprises and private companies can market other hydrocarbons (Table III.11).

Qn. What are the mechanisms the government uses to regulate companies authorized to sell agricultural products that are subject to the policy of canalization?

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 and regulated by the concerned administrative departments/ministries and the auditing agencies.

Mexico 14:

Paragraph 75 in sub section viii) mentions under Contingency measures that "The DGAD determines the margin of dumping for each exporter or producer, after which the Department of Revenue may, within three months since the publication of the final determination, impose the antidumping duty by notification in the Official Gazette.

Qn. Are only the final determinations published in the Official Gazette or are notifications published even at commencement or when interim measure are imposed?

Reply: The initiation of anti dumping investigations, preliminary findings and final findings are all published in the Official Gazette. Similarly in cases of review investigations also, initiation of review and its final findings are published in the Official Gazette.

Mexico 15:

In section b) of Safeguard's legislative and administrative framework, Mexico wants to know:

Qn. Is there any conflict between India's Safeguards Legislation and the Competition Law due to measures to safeguard domestic production?