By: ICN Bureau
Last updated : March 06, 2018 8:18 pm
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.