World Trade Organization Organisation Mondiale du Commerce Organización Mundial del Comercio

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Bu səhifədəki naviqasiya:

• Extracts, essences and concentrates, of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee [210111 or 2101 12 00]
• Pan masala containing not more than 15% betel nut [2106 90 20] 20 21
• Betel nut product known as supari [2106 90 30] 30 23
• Vinegar and substitutes for vinegar obtained from acetic acid[2209] 35 27
• Reply: Monitoring of imports of sensitive items is being done on monthly basis. Any item included in the list is need based where it is felt that import of such item should be monitored.
• Reply: Paragraph 2.11 of the FTP prescribes that the DGFT may grant an authorisation to any person to import and export any of these goods. To get such authorisations a person has to apply to DGFT.

30

12	Biscuits [1905 31 00 or 1905 90 20]	30
13	Waffles and wafers, coated with chocolate or containing chocolate [1905 32 11 or 1905 32 90]	30
14	All goods, other than wafer biscuits [1905 32 90]	35
15	Wafer biscuits [1905 32 19 or 1905 32 90]	30
16	Extracts, essences and concentrates, of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee [210111 or 2101 12 00]	30
17	Yeasts [2102]	30
18	Sharbat [2106 90 11]	25
19	All goods, other than pan masala containing not more than 15% betel nut [2106 90 20]	40
20	Pan masala containing not more than 15% betel nut [2106 90 20]	20
21	Pan masala containing tobacco [2403]	55
22	Betel nut product known as supari [2106 90 30]	30
23	Protein concentrates and textured protein substances, food flavouring material, churna for pan, custard powder, diabetic food [2106 10 00, 2106 90 50, 2106 90 70, 2106 90 80, 2106 90 91, 2106 90 99]	35
24	Mineral waters[2201 or 2202]	45
25	Aerated waters [2201 or 2202]	40
26	Vinegar and substitutes for vinegar obtained from acetic acid[2209]	35
27	Chewing tobacco, preparations containing tobacco, Jarda scented tobacco [2403 99 10, 2403 99 20, 2403 99 30]	55

Canada 5:

Report by the Secretariat (WT/TPR/S/249): Part III. Trade Policies and Practices by Measure: (2) Measures Directly Affecting Imports: (iv) Tariffs: (a) Applied tariff structure: paragraph 27, page 43:

The Secretariat's Report states that "India's tariff is announced in the annual Budget at the end of February each year; however, additional changes to individual tariff rates may be made during the year by the Ministry of Finance's Central Board of Excise and Customs, through notifications published in the Gazette of India".

5. 
   Can India please provide more information on delays between the notification or publication into the Gazette of India and the actual tariff modification? Could India elaborate as to how it determines which tariffs are subject to additional changes and if the change is an increase or lowering of the tariff rate? Also, could India elaborate on the operation of the Gazette of India, for example when a tariff modification is published in the Gazette of India do interested parties have an opportunity to provide comments and views?
   

Reply: The notifications are published in the Official Gazette of India on the date of issue. Changes in tariff rates normally come into effect on the date of publication of the notification. Where the intention is to give them effect on a subsequent date, a clause is incorporated in the notification to prescribe this. Changes in tariff rates are carried out based on representations received from trade and industry or inputs received from other departments/ministries after taking into account relevant factors such as trends in international prices, domestic prices, demand supply etc of the item. Tariff notifications are legislations issued by the Government in exercise of delegated powers and become part of law from the date of issue. Hence comments and views cannot be given at the time of publication.

Canada 6:

Report by the Secretariat (WT/TPR/S/249): Part III. Trade Policies and Practices by Measure: (2) Measures Directly Affecting Imports: (v) Other charges affecting imports: paragraph 43, page 50:

The Secretariat's Report states that an Additional Duty and a Special Additional Duty are applied on imports and are aimed at removing or reducing what is considered to be a pro import bias resulting from the application of central excise duties to domestically manufactured goods.

6. 
   Could India please provide more details and information on its process of managing and setting the additional and special additional duties?
   

Reply: Additional duty, also known as CVD, is applied on the goods at the time of import in lieu of the excise duty applicable on domestically produced goods, while special additional duty (SAD or special CVD) is levied in lieu of taxes such as state VAT, sales tax, levied or collected by state government or local taxes/charges. While CVD is levied at rates equal to the excise duty rates applicable to domestically manufactured goods, special CVD is charged at 4% ad valorem. Thus CVD and SAD aim to provide level playing field for the domestic industry vis à vis imported goods.

Canada 7:

Report by the Secretariat (WT/TPR/S/249): Part III. Trade Policies and Practices by Measure: (2) Measures Directly Affecting Imports: (vi) Import prohibitions, restrictions, and licensing, (a) Import prohibitions: Table III.9, pages 53 54:

The Secretariat's Report includes a table showing the different import prohibitions imposed.

7. 
   Could India please explain the rationale for maintaining import prohibitions on a number of animal, poultry and fish fats?
   

Reply: Import restrictions are imposed if there is a risk of the specific product bringing in one or more specific diseases which could adversely affect the health and safety of the human and animal population.

Canada 8:

Report by the Secretariat (WT/TPR/S/249): Part III. Trade Policies and Practices by Measure: (2) Measures Directly Affecting Imports: (vi) Import prohibitions, restrictions, and licensing, (c) Import quotas: paragraph 64, page 57:

According to the Secretariat's Report, since the removal of most quantitative restrictions on imports in 2001, a mechanism has been set up to monitor imports of items considered to be sensitive.

8. 
   Could India please provide more details regarding (i) How India classifies a product as being sensitive; (ii) the process used in determining the applied rates for sensitive products and (iii) how sensitive products are either added or removed from the list?
   

Reply: Monitoring of imports of sensitive items is being done on monthly basis. Any item included in the list is need based where it is felt that import of such item should be monitored.

Canada 9:

Report by the Secretariat (WT/TPR/S/249): Part III. Trade Policies and Practices by Measure: (2) Measures Directly Affecting Imports: (vii) State trading: paragraph 68, page 58:

According to the Secretariat's Report, India maintains state trading for certain agricultural goods (i.e. some cereals, copra, and coconut oil).

9. 
   Could India please provide more information on its policies and practices for both national and sub national bodies governing alcoholic beverages?
   

Reply: Section 12(1) of the Customs Act requires the collection of customs duties as specified under any Indian law on goods imported into India. This requires the collection of both the basic customs duty and the additional customs duty, both of which are specified under the Customs Tariff Act. The additional customs duty is collected at the time of import, which is equivalent to the excise duty applicable on the like product produced in India.

As per the Constitution of India, levy of excise duties on alcoholic liquor manufactured or produced in the State is a State subject which is covered under entry 51 of List II (State list) of the Seventh schedule of the Constitution of India. Therefore, excise duty on alcoholic beverages manufactured or produced in the State is charged as per the rates determined by the State governments. Additional customs duty is not collected on alcoholic beverages at the time of import from outside India. State governments levy fees or taxes on alcoholic beverages, imported from outside India or produced in other States when these enter the State. Such fees or taxes are in lieu of the excise duty payable on like domestic product produced in the State.

Special additional duty (SAD or special CVD) is levied on the goods at the time of import in lieu of taxes such as state VAT, sales tax, levied or collected by State/Government or local taxes/charges. Special CVD is charged at 4% ad valorem. Goods/items that are exempt from excise duty or state VAT are also exempt from additional duty or special additional duty respectively.

In some of the state governments such as Tamil Nadu, Andhra Pradesh and National capital Territory of Delhi (NCT Delhi) the wholesale or retail trade of procurement or sale of alcoholic beverages is done by state owned corporations.

Canada 10:

The Secretariat's Report also mentions that under the Foreign Trade Policy 2009 14, the Directorate General Foreign Trade (DGFT) may authorize other companies to import any goods subject to state trading, when state trading enterprises (STEs) are not able to supply the market.

10. 
    Do Indian authorities notify this in advance? If yes, can you explain the notification process and where this information can be obtained?
    

Reply: Paragraph 2.11 of the FTP prescribes that the DGFT may grant an authorisation to any person to import and export any of these goods. To get such authorisations a person has to apply to DGFT.

Canada 11:

Report by the Secretariat (WT/TPR/S/249): 1Part III. Trade Policies and Practices by Measure: (2) Measures Directly Affecting Imports; (viii) Contingency Measures: (a) Anti dumping and countervailing measures: paragraph 73, page 60:

The Secretariat's Report describes the process by which anti dumping investigations (and it is assumed countervailing duty investigations) are initiated by the Department of Commerce's Directorate General of Anti Dumping and Allied Duties (DGAD).

11. 
    Could India please provide examples of the criteria and other factors that the DGAD considers in deciding whether to initiate an anti dumping investigation on its own accord. Please also provide details on any assistance that the Department may make available, either formally or informally, to potential complainants for trade remedy action.
    

Reply: Ex officio initiation is consistent with Article 5.6 of Anti Dumping Agreement. As per Rule 5 (4) of India's Anti dumping Rules, an investigation can be initiated by the DGAD (Investigating Authority) on its own accord or suo moto basis. There has been no ex officio initiation of anti dumping investigation under this provision during the review period.

Information is provided on the website of the Department of Commerce regarding guidelines and frequently asked questions (FAQs) on anti dumping to guide domestic industry and DGAD may provide assistance to the interested parties as per Article 6.13 of the Agreement on Anti Dumping.

Canada 12:

Report by the Secretariat (WT/TPR/S/249): 1Part III. Trade Policies and Practices by Measure: (2) Measures Directly Affecting Imports; (viii) Contingency Measures: (a) Anti dumping and countervailing measures: paragraph 74, page 61:

The Secretariat's Report refers to the possibility that the duration of investigations may be extended due to "judicial interventions by courts".

12. 
    Could India please provide details as to the circumstances in which courts may intervene in trade remedy investigations, particularly before the final determination is made, and, if possible, provide specific examples of cases in which courts have intervened.
    

Reply: Various high courts of India and the Supreme Court of India (the Apex Court) may intervene in trade remedy investigations, particularly before the final determination is made, as per the provisions of Article 226 and Article 32 of the Constitution of India. This writ jurisdiction is generally invoked whenever the ciurts find that the matter is in larger public interest or there is want of jurisdiction or when issues relate to allegations of errors in the investigations for which there may not be legal remedy before the Appellate Tribunal (CESTAT). Some of the cases where such writ has been invoked include soda ash from Pakistan and others, melamine from EU and others and certain coated papers from EU and others.

Canada 13:

Report by the Secretariat (WT/TPR/S/249): 1Part III. Trade Policies and Practices by Measure: (2) Measures Directly Affecting Imports; (viii) Contingency Measures: (a) Anti dumping and countervailing measures: paragraph 75, page 61:

1The Secretariat's Report states that the "Government is obliged to restrict the anti dumping duty to the lower of the margin of dumping or the margin of injury."

13. 
    Could India please describe the procedural process and standards by which determinations regarding the "margin of injury" are made. Are such standards applied in all investigations or are they subject to consideration only through petitions by an interested party? How often is the "margin of injury" applied in investigations? Is the concept also applied during expiry reviews?
    

Reply: The margin of injury is determined as the difference between landed value of subject goods from subject country and the non injurious price of domestic like product determined for the domestic industry during the same period (period of investigation).

The margin of injury is determined in all investigations as India follows lesser duty rule. Anti dumping duty is imposed after taking into account lesser of dumping margin and injury margin and thus margin of injury is relevant in all situations whenever this is lesser than dumping margin. This concept is also applied in reviews.

Canada 14:

Report by the Secretariat (WT/TPR/S/249): 1Part III. Trade Policies and Practices by Measure: (2) Measures Directly Affecting Imports; (viii) Contingency Measures: (a) Anti dumping and countervailing measures: paragraph 77, page 61:

The Secretariat's Report indicates that an anti dumping investigation may be terminated at any stage in the process, inter alia, upon a written request by the domestic industry.

14. 
    Could India please elaborate on the process by which this type of termination is affected.
    

Reply: Rule 14 of India's Anti Dumping Rules contain provisions regarding termination of anti dumping investigations. A copy of the Rules can be downloaded from the website www.commerce.nic.in. For termination of investigations, a notification is issued by the Authority which is Gazetted and published for information to all concerned.

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