Page 57 - Annual Report 2019

LEGAL FRAMEWORK

AND APPEAL

MECHANISM

Anti-Dumping investigations: Legislative in India are governed by the Customs Tariff Act 1975
and procedural framework as amended from time to time [the Act] and the
Customs Tariff (Identification, Assessment and
The Anti-Dumping investigations in India are Collection of Countervailing Duty on Subsidized
governed by Customs Tariff Act, 1975 [the Act] as Articles and for Determination of Injury) Rules,1995
amended from time to time and the Customs Tariff [the Rules], as amended from time to time. The
(Identification, Assessment and Collection of Anti- aforesaid Act and Rules are framed in compliance with
Dumping Duty on Dumped Articles and for Article VI of the original GATT and Agreement on
Determination of Injury) Rules,1995 [the Rules], as Subsidies and Countervailing Measures (ASCM).
amended from time to time. The aforesaid Act and
Rules are framed in compliance with Article VI of The Act under Section 9 (1) to (8) provides for and
GATT 1994 and the Anti-Dumping Agreement. The defines the circumstances in which countervailing
Agreement says that Anti-Dumping measure shall be duties can be levied including provisions for its review
applied only under the circumstances provided under at appropriate stages. The countervailing duty
Article VI of GATT 1994. The Act under Section 9A (1) investigations in India are conducted by the
to (8) provides for and defines the circumstances in Designated Authority in the DGTR which is a quasi-
which anti-dumping duties can be levied including judicial body whose Findings are recommendatory in
provisions for its review at appropriate stages. The Act nature. The decisions whether or not to impose the
also empowers the Central Government to frame duties so recommended are taken by the Central
necessary Rules for the conduct of the investigation Government acting through the Ministry of Finance.
including reviews under Section 9A (6). The anti- India follows lesser duty rule as found desirable under
dumping investigations in India are conducted by the the ASCM.
Designated Authority in the Directorate General of
Trade Remedies (DGTR) which is a quasi-judicial Safeguard investigations: Legislative and
authority whose findings are recommendatory in procedural framework
nature. The decisions whether or not to impose the
duties so recommended are taken by the Central Safeguard investigations in India are governed by
Government acting through the Ministry of Finance. Customs Tariff Act, 1975 as amended from time to
India follows Lesser Duty Rule as found desirable time [the Act] and the Customs Tariff (Identification
under the Anti-Dumping Agreement and the rules. and Assessment of Safeguard Duty) Rules,1997 [the
Rules], as amended from time to time. The aforesaid
Countervailing duty/Anti-subsidy Act and Rules are framed in compliance with Article
investigations: Legislative and procedural XIX of GATT 1994. The Act under Section 8B (1) to (7)
framework provides for and defines the circumstances in which
Safeguard duties can be levied including provisions for
Countervailing duty/Anti-subsidy duty investigations its review at appropriate stages. The Act also

49 | Annual Report 2018-19 | DGTR