Page 446 - MANUAL OF SOP

ANTI-CIRCuMVENTION INVESTIgATIONS CHAPTER 18

LEGAL PROVISIONS

WTO Provisions

18.1. It may be noted that neither the ADA nor any other legal
instrument under the WTO has provisions concerning anti-circumvention
of anti-dumping duty. Nonetheless, many countries apart from India,
such as the European Union, the United States, Australia, and Canada
have anti-circumvention provisions within their domestic anti-dumping
frameworks.

National Provisions

18.2. In India, the provisions concerning anti-circumvention were
introduced vide Section 58 of the Finance Act, 2011. Accordingly, Section
9A(1A) was inserted in the Act which is reproduced below.

Where the Central Government, on such inquiry as it may consider
necessary, is of the opinion that circumvention of anti-dumping
duty imposed under sub-section (1) has taken place, either by
altering the description or name or composition of the article
subject to such anti-dumping duty or by import of such article in
an unassembled or disassembled form or by changing the country
of its origin or export or in any other manner, whereby the anti-
dumping duty so imposed is rendered ineffective, it may extend
the anti-dumping duty to such article or an article originating in or
exported from such country, as the case may be.

Provisions in the Rules
18.3. Rules 25-28 of the Anti-dumping Rules covering anti-circumvention
were introduced in 2012.

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