The investigations and recommendations on dumping issues are handled by Designated Authority, under the Ministry of Commerce, while the imposition and collection of anti-dumping duties are handled by Ministry of Finance. Maintaining the dominance in trade became essential as monetary benefits in the form of current account and capital account surplus became more critical for furthering the growth of various national economies. In such circumstances, there are two alternative methods which have been provided for determination of the normal value. Insufficient volume of sales: if certain sales are made below their cost, then they are to be ignored for computation purposes and the normal value would be determined based on remaining sales. The anti-dumping provisions were amended keeping in line with the WTO Agreement. One way to tackle dumping is to charge anti-dumping duties on these products. Disclosure of Information: The designated authority, based on the submissions and evidence gathered during the investigation and verification would proceed to make the determination of the final findings and formulate the basis thereof. The difference between the normal value and export price is called as the margin. There are two forms of “dumping”: the first is “international price discrimination”, which occurs through “price discrimination by the investigated producer between the domestic and export markets”.1 The second form is “cost dumping”, which occurs when an exporter sells products in an importing country at below the cost of production. The main idea of this paper is to draw parallels between the effects that dumping on one side and antidumping policy on the other side has. In evaluating the injury to the domestic industry, the investigating authorities are required to consider whether there has been significant price undercutting in respect of the dumped imports as compared to the price of the like product in the domestic industry of the importing country. The price at which the product is sold to a third country. An anti-dumping duty is a protectionist tariff that a domestic government imposes on foreign imports that it believes are priced below fair market value. necessary or is its main purpose to provide a shelter to firms that seem to be uncompetitive in international trade? The Agreement provides that unless there are special circumstances, investigations will be concluded within one year and will continue in no case more than 18 months after their initiation. Q2. Under Article VI of GATT 1994, and the Anti-Dumping Agreement, WTO Members can impose anti-dumping measures, if, after investigation in accordance with the Agreement, a determination is made (a) that dumping is occurring, (b) that the domestic industry producing the like pr… Contact the European Commission's anti-dumping service 3. The complete text of the WTO Anti-Dumping Agreement is available from the Office of Trade Agreements Negotiations and Compliance’s WTO Agreements database. Oral Evidence & Public Hearing: Interested parties are allowed to request the designated authority to afford them an opportunity to present their case and relevant information orally. Organisation, namely the most commonly used trade remedy, anti-dumping, countervailing and subsidies and lastly safeguards. “De-minimis” rule: In case the remaining sales are insufficient on account of insignificant volume of sales in the home market, then the normal value would be computed based on the alternative methods provided. A government normally initiates an anti-dumping investigation on the basis of a written application by a domestic industry, although in special circumstances the government itself can initiate the investigation on the industry’s behalf. In this regard, the preliminary finding is undertaken normally within 90 days from the date of initiation. The Anti-Dumping Agreement of the World Trade Organization (WTO), commonly known as the AD Agreement, governs the application of anti-dumping measures by WTO member countries. All members of the WTO (offsite link) are parties to this Agreement, whose full name is the “Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994”. Thus, the purpose of anti dumping duty is to rectify the trade distortive effect of dumping and re- establish fair trade. This report examines the scenario of dumping and also analyses the anti-dumping measures taken up by various nation-states, supported by various trade blocs. Conversion of currency: The comparison of the normal value with that of export price would require conversion of currency. Also, in certain circumstances, producers who are related to the exporters or importers of the product under investigation and producers who are themselves importers of the allegedly dumped product. The export price is generally based on the transaction price at which the foreign producer sells the product to an importer in the importing country. Does dumping mean cheap or low priced imports? In India, the following conditions need to be fulfilled before initiating an action against dumping: The product which is said to have been dumped, has been imported into India from a country outside India, The export price is less than the comparable price. With nations getting more and more tuned towards protecting their domestic industries against foreign competitors, more and more cases of dumping are being reported world wide. The duty on float glass of thickness between 2 mm to 12 mm of clear as well as tinted variety save green but not including reflective glass, processed glass meant for decorative, industrial or automotive purposes, has been extended since the government had not come to … The other nations also attempted to use this tool, but only a few were able to reap the right benefits. Preliminary Findings: Based on the information available before it and based on further information collected by the authority, a preliminary finding is made, which would also contain the reasons behind the determination made by the authority. An anti-dumping measure was put into place on EU footwear imports from the People’s Republic of China in November 1997 until October 2002. Trade 1994 (Anti-Dumping Agreement). Final Determination: The interested parties would submit their response to the disclosure and the authority would consider such submissions before taking a final position on the matter. International trade in the 21st century is a highly competitive area, with every nation trying its best to attain the competitive advantage. The investigations regarding anti-dumping duty are under Sections 9A of the Customs Tariff Act, 1975. This depreciated Chinese Yuan made exports more attractive and provided adequate trade surplus for China against global importers like US and European countries. Ecuador. What is anti dumping? The Agreement states that an anti-dumping duty shall remain in force as long as necessary to counteract dumping that is causing injury. For such other reasons where the transaction price may not be considered to be at arm’s-length. The examples of such benefits have changed the course of human history for several centuries. A country can add an extra duty, or tax, on imports of goods that it considers to be involved in dumping. A PDF reader is available from Adobe Systems Incorporated. Like in case of any regulation initiated with good intentions, abuse of these regulations has also risen with time. The activity of throwing goods at less than their normal value into another country would be called dumping. Currency manipulation was a serious crime according to International Monetary Fund (IMF) and the various central banks across the world. Reference this. The constructed price should have allowances for costs including duties and taxes, incurred between the importation of the product and its resale to an independent purchaser, as well as for reasonable profits accruing there from. Washington, DC 20230, Comply with U.S. and Foreign Export Regulations. Guidelines on how to complete a questionnaire are a part of the prescribed. Dumping poses a threat to global trade ©BELGA/BELPRESS/L.VIDAL . The Anti-Dumping Agreement of the World Trade Organization (WTO), commonly known as the AD Agreement, governs the application of anti-dumping measures by WTO member countries. The consequent economic and financial impact of the dumped imports on the concerned Indian industry can be demonstrated, inter alia, by : adverse effects on cash flow, inventories, employment, wages, growth, investments, ability to raise capital, etc. The purpose of this thesis is to investigate the use of anti-dumping measures in order to make economic sense of what seems to amount to cheating on an international agreement. Hence exporting countries including China resorted to other mechanisms to support its exports. Material retardation of the establishment of a domestic industry. If you have questions about this Agreement or how to use it, you can e-mail the Office of Trade Agreements Negotiations and Compliance, which will forward your message to the Commerce Department’s Designated Monitoring Officer for the Agreement. Anti dumping duty is not applicable for imports made by export oriented units unless the intention to levy on their imports is specifically stated in the notification. Anti dumping is a measure to rectify the situation arising out of the dumping of goods and its trade distortive effect. Material retardation to the establishment of an industry is also regarded as injury. The identity of the applicant and a description of the volume and value of the domestic production of the like product by the applicant. *You can also browse our support articles here >. That international economic relations should be conducted with a view to raising standards of living, ensuring full employment and a large and steadily growing volume of real income and effective demand; Expanding the production of trade in goods and services; While allowing for the optimum use of the world’s resources in accordance with the objectives of sustainable development, seeking both to preserve the environment and to enhance the means of doing so in a manner consistent with their respective needs and concerns at different levels of economic development. The EU has a number of trade defence instruments that it can use to fight unfair trade practices, which includes anti-dumping legislation. Yes. The transaction alleging dumping is undertaken in the ordinary course of trade, The establishment of evidence in respect of its injury, In the context of dumping, the term “injury” has been defined to mean either, threat of material injury to a domestic industry, or. Safeguards in the form of tariff increases or quantitative restrictions were earlier used to counter the increased imports due to dumping, but nowadays such measures invite compensation payment to trading partners in appropriate cases. Law No. An action imposing and collecting dumping would require a three step approach; The establishment of evidence in favour of dumping. It should not be treated as authoritative or accurate when considering investments or other financial products. But even US felt the heat of Japanese trade policies in the 1960s and 1970s, while during the last decade of the 20th century world saw the short-lived prominence of the ‘Asian tigers’. Applications can be made by or on behalf of the concerned domestic industry to the Designated Authority in the Ministry of Commerce for an investigation of any alleged dumping. However, sales made below costs may not be disregarded for determination of normal value where they allow for recovery of costs within a reasonable period of time, which may normally be one year or are insignificant. The provisional duty can be imposed only after the expiry of 60 days from the date of initiation of investigation. 12 of 22 May 1997, published in Official Journal No. Provisional Duty: In case the authority considers it necessary, it may recommend the Central Government to impose a provisional duty, not exceeding the margin of dumping, on the basis of the preliminary finding recorded by it. (The Agreement provides an option of not imposing duties in cases where all requirements for imposing such duties have been fulfilled, but not all authorities allow such an option.) The Agreement provides that government authorities can suspend or terminate an anti-dumping proceeding if they receive voluntary undertakings from an exporter that it will revise its prices or cease exporting to the area in question at dumped prices. Anti-dumping measures are unilateral remedies (the imposition of anti-dumping duties on the product in question) that the government of the importing country may apply after a thorough investigation has determined that the product is, in fact, being dumped, and that sales of the dumped product are causing material injury to a domestic industry that produces a like product. The initiation notice is ordinarily to be issued within 5 days from the date of receipt of a properly documented application. Investigating authorities have the option of accepting price increases that are less than the margin of dumping if they are adequate to remove the injury to the domestic industry. The investigating authorities are required to give notice to all interested parties viz. Exporters who sell their products at a price lower than the domestic market prices and production costs are guilty of “dumping”. The result is expected to show a decline in imports during this five-year period and this will be examined with a regression analysis. SUCCESSFUL ANTI-DUMPING REGIME IN KENYA A mini-thesis submitted in partial fulfillment of the requirements for the LLM Degree in International Trade, Business and Investment Law, University of the Western Cape, South Africa. What is its purpose in international trade? It must include a complete description of the allegedly dumped product, information on the like product produced by the applicant, evidence regarding export price and normal value, an assessment of the impact of the imports on the domestic industry and information concerning industry support for the application.