World Trade Organization Organisation Mondiale du Commerce Organización Mundial del Comercio

Canada 19:

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 85, page 63:

The Secretariat's Report states that India is one of the most active users of anti dumping measures among WTO Members. In fact, India is the most active user of anti dumping measures, having initiated 613 anti dumping duty investigations in the January 1, 1995   June 30, 2010 period, outranking second place United States (442) and third place European Union (414) by a fairly wide margin.

19. 
    Could India provide more insight into the reasons (e.g. size, ownership and sensitivity of certain markets   chemical products make up 36.8 per cent of the investigations) for the high frequency of use of anti dumping duty measures by India, particularly in relation to other WTO Members?
    

Reply: During the period under review, anti dumping investigations were initiated under Rule 5 of India's Anti Dumping Rules only on the basis of applications filed by the concerned domestic industries as per the provisions of the Anti Dumping Agreement.

Canada 20, 21:

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: paragraphs 85 86, page 63:

The Secretariat's Report discusses the products and trading partners subject to anti dumping duty investigations. The Report indicates that imports from China are the most frequently investigated, accounting for 137 out of 613 anti dumping duty investigations during the January 1, 1995 June 30, 2010 period (22.3%).

20. 
    In this context, please provide details as to the approach that India takes with respect to imports from China in its anti dumping investigations, particularly with respect to the question of whether China is treated as a market or non market economy for purposes of these investigations.
    

Reply: In terms of Para 8 (2) of the Annexure 1 of India's Anti Dumping Rules, China PR has been treated as a non market economy country subject to rebuttal of the above presumption by the exporting country or individual exporters in terms of the above Rules. Further, as per Paragraph 8 of the Annexure I to the Anti Dumping Rules as amended, the presumption of a non market economy can be rebutted if the exporter(s) from China PR provide information and sufficient evidence on the basis of the criteria specified in sub paragraph (3) in Paragraph 8 and establish that to the contrary. The cooperating exporters/producers of the subject goods from China are required to furnish necessary information/sufficient evidence as mentioned in the criteria under sub paragraph (3) of paragraph 8 in response to the Market Economy Treatment questionnaire to enable the Designated Authority to make its determination.