Page 26 - MANUAL OF SOP

Introduction

1.6 The Uruguay Round resulted in fundamental reforms in the multilateral
trading system after the conclusion of the GATT, 1947. The entire package of
agreements resulting from the Uruguay Round was signed in Marrakesh, Morocco
in 1994. Among others, this package included the Agreement on Implementation
of Article VI of the General Agreement on Tariffs and Trade 1994 (ADA) and
the Agreement on Subsidies and Countervailing Measures (“SCM Agreement”)
and the Agreement on Safeguards (Safeguards Agreement) as part of the single
undertaking. These agreements co-exist with the General Agreement on Tariffs and
Trade, 1994 (GATT, 1994).

1.7 The WTO Agreement entered into force on 1 January 1995. As of 2017,
the WTO has 164 Members and 27 Observer States. The highest decision making
body is the Ministerial Conference, which is composed of representatives (Trade
or Commerce Ministers) of all Members. The Ministerial Conference takes place at
least once every two years. In the interim, the General Council oversees the day-to-
day functioning of the WTO.

1.8 There is no obligation on WTO members to take anti-dumping actions in
the case of injurious dumping. However, if the Members decide to adopt any anti-
dumping measure , the Anti-dumping Agreement requires that such a measure
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be preceded by the required investigation and should be in compliance with the
multilaterally agreed rules set out therein. It must also be pointed out that while the
current WTO multilateral disciplines provide the framework covering substantive and
procedural matters, it does not exhaustively cover all matters. Therefore, it remains
the prerogative of the individual WTO Member to stipulate its own procedures for
matters which are not covered by the ADA.

1.9 The legislative framework in India on Anti-dumping measures is contained in
the Customs Tariff Act, 1975 as amended by the Customs Tariff Amendment Act, 1995
[Sec 9A, Sec 9 A, Sec 9B and Sec 9C] (“Act”) and the Customs Tariff (Identification,
Assessment and Collection of dumped articles and for determination of Injury)
Rules, 1995 (“AD Rules”). The relevant legislative framework for countervailing
duty on imports in India is contained in Section 9 of the Customs Tariff Act, 1975
and the Customs Tariff (Identification, Assessment and Collection of Countervailing
Duty on Subsidized Articles and for Determination of Injury) Rules, 1995 (“CVD
Rules”).The legislative framework for Safeguard Measures is also contained in the

1 Refer to para I of Chapter 24 for WTO Jurisprudence.

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