Anti-Dumping Measures Under GATT/WTO

With dumping of goods becoming a serious threat to the Indian economy, this book is most appropriately timed. Thoroughly researched and updated, the work explores the rights available to countries to take anti-dumping measures to protect their domestic industries in the current shift towards open economies and free trade movement between countries. The book further goes on to discuss the role played by the Panel and the Appellate Body constituted under GATT, in regulating the exercise of this right by the countries, and control protectionism and promote free trade between countries. The procedural norms have gradually been tightened to reduce the discretion otherwise available to members in deciding whether a case fell within the scope of Article VI of GATT or not. This development has changed the nature of anti-dumping provisions under GATT from being a blanket provision enabling the Contracting Parties to impose anti-dumping measures under Article VI, to a closely scrutinized provision.

The work is relevant not only for the Indian readers but for all those third world countries whose economies are suffering from the effects of indiscriminate dumping of goods by developed nations.

                   TABLE OF CASES

                  
                           Anti-dumping : A conceptual analysis 1
                           Why do firms dump 2
                           Are Anti-dumping measures opposed to competitive
                           market economy 6
                           Object of the present study 12

                   I.	Export price should be less than normal value 14
                           1. Normal value 15
                           2. Export price 39
                           3. Comparison 42
                           Currency conversion 65
                   II. Ordinary course of trade 71
                   III.	Like product 83.
                           Suggestions for future 87

                   I. Injury 96
                          1. Positive evidence and objective examination
                          2. Volume of dumped imports 115
                          3. Effect of the dumped imports on prices 118
                          4. Consequential impact of dumped imports 
                             on domestic industry 125
                   II.	Injury caused by dumped imports 148
                   III.	Injury caused to the domestic industry 173
                   Threat of material injury 187
                   Material retardation in the establishment of industry 197

                   I. Initiation of investigation 202
                      1.Written application by or on behalf of the
                         domestic industry 205
                      2. Evidence and information to be provided in 
                          the application 215
                      3. Examination of adequacy and accuracy 
                          of the information by authorities 227
                      4. Notification to the government of exporting member 240
                      5. Application to be rejected if injury is negligible 247
                   II. Conduct of investigation 247
                      1. Notice of initiation 247
                      2. Collection of information and evidence 
                          by the authorities 253
                      3. Verification of information 276
                      4. Duty to disclose and the condition of confidentiality 281
                      5. Confidential information 292
                      6. Sampling in case of large numbers 297
                      7. Period of investigation 307
                      8. Defence of interests 310
                      Conclusion of investigation	
                      Withdrawal of applications and termination 
                      of investigation 318
                      Public notices 321
                       1. Public notice of preliminary or final
                       determination, etc. 3211
                       2. Public notice of conclusion or suspension 
                       of an investigation 321

                       I. Price undertakings not to dump 323
                      II. Provisional measures 329
                      III. Anti-dumping duties	333
                       1. Residual duty	337
                       2. Non-discrimination in imposing duties 338
                       3. Rule regarding retroactivity 338
                       4. Prospective and retrospective assessment 349
                       5. Public notice 350
                       6. Burden of anti-dumping duty
                       7. Anti-circumvention duties 350

                        I. Provision for review and revocation before 
                       the Uruguay Round Code 335
                       II. Provision regarding review and revocation
                       under the Uruguay Round Code 357
                       III. Review of provisional measures	369
                       IV. Review of price undertakings

                       The WTO and Anti-dumping actions of members 372
                       I. Review of Anti-dumping measures taken by members 372
                       II. Consultations and mutually agreed solution 373
                       III. Dispute settlement 375
                       IV. Arbitration	390

                       I. Article VI of GATT 1994: Anti-dumping
                       and countervailing duties 427
                       II. 1967 Anti-dumping Code: Agreement on
                       Implementation of Article VI of the GATT 430
                       III. 1979 Anti-dumping Code: Agreement on
                       Implementation of Article VI of the GATT 442
                       IV. 1994  Anti-dumping Agreement: Agreement on 
                       Implementation of Article VI of the GATT 459