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Under the existing WTO arrangement, and in terms
of various provisions under the Customs Tariff Act
of 1975 (as amended in 1995) and Rules framed there
under, anti-dumping and allied measures constitute
the legal framework, within which the domestic
industry can seek necessary relief and protection
against dumping of goods and articles by exporting
companies and firms of any country from any part of
the world. These measures have assumed a great deal
of relevance in India in recent times in view of the
scenario arising out of unfair trade practices
adopted by some of our trading partners, especially
in the post-QR phase.
The Anti-Dumping and allied measures are complex
legal disciplines which are often not within the
easy comprehension of the trade and industry who are
the users of these measures. To obviate this
difficulty faced by large sections of the domestic
industry, there is a need to explain the basic
concepts, legal provisions and procedural aspects in
clear and easy language for their benefit. This will
facilitate the domestic industry to avail of these
remedial measures in the wake of alleged dumping and
of injury caused by unfair trade practices.
However, it is always necessary to bear in mind
that the anti-dumping action can never be an action
based on presumption and vague complaints and only
on very rare occasions suo-moto proceedings can be
initiated. The requisite parameters of law have to
be duly complied with and need to be fully supported
and substantiated with facts and figures before any
action could be initiated.
I am particularly grateful to my esteemed
colleagues in the Anti-Dumping Division in the
Ministry – S/Shri R. Gopalan, Joint Secretary,
Siddharth, Director, Y.K. Venkatesh, Ved Prakash,
Neeraj Varshney, Smt.Aditi Das Rout, Rajiv Arora,
Rajeev Jain, S.K. Jaiswal, Mukesh Bhatnagar, M.K.
Anand and Brijesh Sikka, who took painful efforts to
make this Q-A Booklet comprehensive in all respects.
My sincere thanks are due to Shri S.K. Samal, Jt.
Director General of Foreign Trade, who was with the
AD set up in the Ministry till January, 2001, before
he moved to Ministry of Agriculture, for preparing
the first draft and organizing the subjects in
sequential order. Shri K.Sundar, PS, extended
valuable help to the team of officers in preparing
the computer script and finalizing the same for the
final publication.
It is our earnest hope that all the Industry
Associations and individual companies interested in
AD supportive measures will find this booklet
useful. They are always welcome to come forward with
their suggestions and seek further clarifications
based on which this booklet work he revised as and
when necessary.
Sd /- (L.V. SAPTHARISHI)
Additional Secretary and Designated Authority,
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Anti Dumping
