DGTR proposes changes in antidumping, antisubsidy rules

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The Directorate General of Trade Remedies (DGTR) has proposed certain changes in antidumping and antisubsidy rules with an aim to keep pace with the changing times.

DGTR, under the commerce ministry, is the apex authority for administering all trade remedial measures including antidumping, countervailing duties and safeguard measures.

In a notice, it said India has been a key WTO (World Trade Organisation) member in championing the cause of trade remedial measures for ensuring fair trade practices.

It has been more than two decades since Indian antidumping and antisubsidy rules were formulated.

"In a dynamic global economic environment laws/statues/ regulations need constant upgradation in order to keep pace with the changing times. Though some minor amendments were made in the past, the need to have a comprehensive look at the existing rules was long overdue," DGTR said.

Against this backdrop, the directorate "proposes to introduce certain changes" in the antidumping and antisubsidy rules.

The proposed changes pertain to rules regarding termination of an investigation and amount of duty recommended.

It has also floated a concept note on 'Adjustments for Freight for Determination of Injury Margin'.

Representations have been received from time to time for inclusion of freight elements in the non-injurious price.

Further, the directorate proposed a definition for countervailing duty. Currently, there is no definition for this duty.

DGTR proposes that countervailing duty should be defined as a special duty levied for the purpose of offsetting any subsidy bestowed directly or indirectly upon the manufacture, production or export of any merchandise.

In the last three years, India initiated more than 130 anti-dumping/countervailing duty/safeguard cases to deal with the rising incidences of unfair trade practices and to provide a level playing field to the domestic industry.