| India's Anti dumping Rules are available on the website www.commerce.nic.in.
1It is noted that India has conducted only one countervailing duty investigation against any imports (in this case, imports from China) in the January 1, 1995 June 30, 2010 period, when 250 such investigations were conducted by all WTO members.
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Can Indian authorities provide an explanation as to reasons why India has conducted only one such countervailing duty investigation during the period between January 1, 1995 and June 30, 2010?
Reply: Countervailing duty investigations are initiated under Rule 6 of the Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized and for Determination of Injury) Rules, 1995 which is based on SCM Agreement. As per the above, the investigation is initiated only after an application to this effect is submitted before the Authority and the Authority finds prima facie evidence of subsidy, injury and a causal link between such subsidized imports and alleged injury to the Domestic Industry. During the review period, not many applications were received by the Authority which could fulfil the conditions as per Rule 6.
Canada 22:
Report by the Secretariat (WT/TPR/S/249): 1Part III. Trade Policies and Practices by Measure: (2) Measures Directly Affecting Imports; (viii) Contingency Measures: (b) Safeguards: paragraphs 91 98, pages 65 67:
The Secretariat's Report discusses the procedures and application of safeguard measures by India. India is the most active user of this particular measure, having initiated 26 such investigations during the January 1, 1995 October 31, 2010 period, a period during which 216 such investigations were initiated by all WTO Members.
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Similar to anti dumping duty investigations, can Indian authorities provide an explanation as to the reasons for the comparatively high frequency of the initiation of safeguard investigations?
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