AMAI for relook into amendment to anti-dumping rules

The Alkali Manufacturers Association of India (AMAI) has requested to consider whether there is any need for an amendment to the anti-dumping rules. "The government had amended anti-dumping rules through the Union Budget 2010-11 and as a result, the

The Alkali Manufacturers Association of India (AMAI) has requested to consider whether there is any need for an amendment to the anti-dumping rules. "The government had amended anti-dumping rules through the Union Budget 2010-11 and as a result, the definition of ?domestic industry? under the law has changed. The explanatory note to the budget states that this amendment has been introduced to align the Indian law to WTO Agreement on Anti-Dumping," the AMAI said in a letter to the Department of Chemicals and Petrochemicals (DCPC).

Citing details from the WTO agreement and the budget report, the AMAI said, ?It would be seen that even when the government has stated that the amendment has been brought in for the purpose of aligning the Indian law to WTO Agreement on Anti-Dumping, it is noted that the Indian law used the word ?construed? as opposed to the word ?interpreted? used in WTO agreement. Further, the Indian law has additionally used the word ?only?,? it said.

According to the AMAI, it is being heavily debated by the parties opposing imposition of anti-dumping duties before the courts in the country that the Indian law is not the same as WTO agreement and the Indian law has taken away the discretion earlier given to the designated authority on the issue.

In view of these, we request the government to kindly consider whether there is a need for an amendment to the law and also whether the Centre intended to give discretion earlier to the designated authority on the issue of imports made by domestic manufacturers or relationship of the domestic manufacturer with an importer or exporter.