Ready Reckoner on Trade Remedy Measures in India  
Covering Anti-dumping, Anti-subsidy and Safeguards
Published by Bloomsbury Publishing India Pvt. Ltd
Publication Date:  Available in all formats
ISBN: 9789356405974
Pages: 590

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Trade Remedy Measures, which include Anti-Dumping Duty, Anti-Subsidy (or Countervailing Duty) and Safeguard Measures, is a combination of various agreements introduced by WTO, provisions incorporated under the Customs Tariff Act, 1975, rules notified thereunder and the Trade Notices. This book is a blend to provide reader with exhaustive coverage of legislations incorporating all relevant amendments made till February 1, 2022. This book has been divided into three parts: Part 1 covers Anti-dumping, Part 2 covers Anti-subsidy and Part 3 covers Safeguard Measures. All parts are further sub-divided into different parts to cover General Agreement on Tariffs and Trade and corresponding agreements, Customs Tariff Act and the relevant rules framed thereunder, updated Trade Notices and proformas notified for all the concerned parties.

The book will be a complete guide for administration, industry, professionals and anyone interested in Trade Remedy Measurers. The readers will have a complete reckoner to refer to any of the above specified Measures.

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Trade Remedy Measures, which include Anti-Dumping Duty, Anti-Subsidy (or Countervailing Duty) and Safeguard Measures, is a combination of various agreements introduced by WTO, provisions incorporated under the Customs Tariff Act, 1975, rules notified thereunder and the Trade Notices. This book is a blend to provide reader with exhaustive coverage of legislations incorporating all relevant amendments made till February 1, 2022. This book has been divided into three parts: Part 1 covers Anti-dumping, Part 2 covers Anti-subsidy and Part 3 covers Safeguard Measures. All parts are further sub-divided into different parts to cover General Agreement on Tariffs and Trade and corresponding agreements, Customs Tariff Act and the relevant rules framed thereunder, updated Trade Notices and proformas notified for all the concerned parties.

The book will be a complete guide for administration, industry, professionals and anyone interested in Trade Remedy Measurers. The readers will have a complete reckoner to refer to any of the above specified Measures.

Table of contents
  • Cover
  • Title Page
  • Copyright Page
  • Contents
  • Detailed contents
  • Part I Anti-Dumping
    • Chapter 1 Relevant legislation – Act and Rules.
      • The General Agreement on Tariffs and Trade, (GATT 1947)
        • Article VI: Anti-Dumping and Countervailing Duties.
        • Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade, 1994
      • Customs Tariff Act, 1975
      • Anti-Dumping Rules.
        • Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995
        • Refund of Anti-Dumping Duty (Paid in Excess of Actual Margin of Dumping) Rules, 2012
    • Chapter 2 Trade Notices.
      • Summary of Trade Notices issued by the Directorate General of Trade Remedies.
        • Covid related.
      • Text of Trade Notices issued by the Directorate General of Trade Remedies
      • 2.1 Trade Notice No. 02/2000 dated 28.08.2000 - Requirements to be followed while submitting information that has to be treated as confidential
      • 2.2 Trade Notice No. 01/2004 dated 15.03.2004 - Clarification regarding Initiation of Mid-term Reviews in terms of Rule 23 of Anti-dumping Rules..
      • 2.3 Trade Notice No. 02/2004 - Requirements to be followed while making applications for anti-dumping investigations.
      • 2.4 Trade Notice No. 01/2007 - Procedural requirements while making written submissions subsequent to Public Hearing and while filing rejoinders thereto.
      • 2.5 Trade Notice No. 01/2008 - Procedure to be followed by DGAD for initiating SSR.
      • 2.6 Trade Notice No. 01/2009 - Requirements while submitting confidential information in anti-dumping investigation
      • 2.7 Trade Notice No. 02/2009 - Procedure for making application for antidumping investigations.
      • 2.8 Trade Notice No. 01/2010 - Clarification regarding Initiation of Midterm Reviews in terms of Rule 23 of Anti-dumping Rules..
      • 2.9 Trade Notice No. 01/2011 - Presentation of documents to all participants in public hearingNo.4/27/2007-DGAD.
      • 2.10 Trade Notice No. 02/2011 - Regarding ‘Reasonable time period’ for the purpose of sub-rule 23 (1B) for SSR applicationsNo.4/31/2007-DGAD
      • 2.11 Trade Notice No. 01/2012 - Timelines for submission of data/ information during the course of investigation.
      • 2.12 Trade Notice No. 02/2012 - Submission of Soft copy of CV and NCV along with the Hard copy of PetitionNo. 4/7/2012-DGAD.
      • 2.13 Trade Notice No. 03/2012 - Presentation of documents to all participants in public hearing through e-mail also.
      • 2.14 Trade Notice No. 04/2012 - Presentation of documents to all participants in public hearingNo. 4/7/2012-DGAD.
      • 2.15 Trade Notice No. 01/2013 - Requirements for submission of Confidential/Non-confidential information by stakeholders
      • 2.16 Trade Notice No. 01/2015 - Representation received from some of the domestic producers on the Antidumping Rules on determination of Non-injurious Price (NIP)
      • 2.17 Trade Notice No. 02/2015 - Authenticity of supporting documents/ information received during the processing of anti-dumping cases
      • 2.18 Trade Notice No. 01/2017 - Request for transaction-wise import data.
      • 2.19 Trade Notice No. 02/2017 - Guidelines and procedures for filing application for SSRNo. 4/5/2017-DGAD.
      • 2.20 Trade Notice No. 01/2018 - Non-Confidential Transaction-wise import data in Anti-dumping investigations.
      • 2.21 Trade Notice No. 02/2018 - Streamlining of the Anti-Dumping Investigations Process- New information/Revision in existing formats of domestic industry’s petition to avoid delays.
      • 2.22 Trade Notice No. 03/2018 - Streamlining of the Anti-Dumping Investigations Process-Scrutinizing of petitions received in DGAD to avoid delays.
      • 2.23 Trade Notice No. 04/2018 - Streamlining of the Anti-Dumping Investigations Process - Anti-Dumping Questionnaire Format for User Industry
      • 2.24 Trade Notice No. 05/2018 - Streamlining of the Anti-Dumping Investigations Process - Anti-Dumping Questionnaire Format for Producer/Exporter/Related Importer.
      • 2.25 Trade Notice No. 06/2018 - Streamlining of the Anti-Dumping Investigations Process - Anti-Dumping Questionnaire Format for Un-related Importer in India
      • 2.26 Trade Notice No. 07/2018 - Streamlining of Anti-Dumping/Counter Vailing Duty Investigation process - Obtaining and sharing of import data pertaining to investigation with interested parties regarding.
      • 2.27 Trade Notice No. 08/2018 - Streamlining of the Anti-Dumping Investigations/ Process - Application Format for Initiation of New Shipper Review.
      • 2.28 Trade Notice No. 09/2018 - Streamlining of the Anti-Dumping Investigations Process - Clarification regarding related parties in case of questionnaire for Anti-Dumping investigations for Producer/ Exporter/ Related Importer
      • 2.29 Trade Notice No. 10/2018 - Streamlining of Anti-Dumping Investigations- Clarification regarding Disclosure of Information in Confidential Version/Non-Confidential Version of Responses filed by the Domestic Industry and Other Interested Parties
      • 2.30 Trade Notice No. 11/2018 - Streamlining of Investigation Process -Registration of interested Parties regarding.No. 04/18/2018-DGAD.
      • 2.31 Trade Notice No. 12/2018 - Streamlining request for change in name of producer(s)/exporters in AntiDumping and Countervailing Duty investigations.
      • 2.32 Trade Notice No. 13/2018 - Requirements for companies expressing support for any Anti-Dumping Duty/ Countervailing Duty Petition/ Application.
      • 2.33 Trade Notice No. 14/2018 - Streamlining of Anti-Dumping Investigations- Additional clarification regarding Disclosure of Information in Confidential Version/Non-Confidential Version of Responses filed by the Supporting Producers
      • 2.34 Trade Notice No. 15/2018 - Streamlining of the Anti-Dumping Investigations Process - Prima-facie scrutiny of applications for completeness of documents as per the checklist, regarding
      • 2.35 Trade Notice No. 01/2019 - Streamlining of the procedure for New Shipper Review (‘NSR’) Investigations
      • 2.36 Trade Notice No. 02/2019 - Help Desk & Facilitation Centre set-up by DGTR.
      • 2.37 Trade Notice No. 03/2019 - Launching of ARTIS - Online filing of Anti-Dumping Applications.
      • 2.38 Trade Notice No. 01/2020 - Temporary changes in the Trade Remedy investigation processes due to COVID-19 pandemic
      • 2.39 Trade Notice No. 02/2020 - Revised Timelines for Sunset Review Investigation for Anti-dumping Duty
      • 2.40 Trade Notice No. 03/2020 - Temporary changes in the Trade Remedy investigation processes due to COVID-19 pandemic
      • 2.41 Trade Notice No. 04/2020 - Guidelines and Procedure for filing applications for Sunset Review of Countervailing Duty Measures.
      • 2.42 Trade Notice No. 05/2020 - Temporary changes in the Trade Remedy investigation processes due to COVID-19 pandemic
      • 2.43 Trade Notice No. 01/2021 - Temporary changes in the Trade Remedy investigation processes due to COVID-19 pandemic
      • 2.44 Trade Notice No. 02/2021 - Streamlining of the Anti-Dumping Investigations Process-Scrutinizing of petitions received in DGAD to avoid delays.
      • 2.45 Trade Notice No. 03/2021 - Revised Timelines for Sunset Review Investigation for Anti-dumping Duty
      • 2.46 Trade Notice No. 04/2021 - Streamlining of the Anti-Dumping Investigations Process - Prima-facie scrutiny of applications for completeness of documents as per the checklist.
      • 2.47 Trade Notice No. 05/2021 - Simplification of existing application/ petition to be filed by the Domestic Industry in Anti-Dumping investigation
      • 2.48 Trade Notice No. 06/2021 - Simplification of exporter’s questionnaire to be filed by foreign producer(s)/exporter(s) in Anti-Dumping investigation- reg.
      • 2.49 Trade Notice No. 07/2021 - Simplification of importer’s questionnaire to be filed by unrelated importers in Anti-Dumping investigation
      • 2.50 Trade Notice No. 08/2021 - Streamlining of the Anti-Dumping Investigations Process - Anti-Dumping Questionnaire Format for User Industry
      • 2.51 Trade Notice No. 09/2021 - Simplification of procedure for filing of application for Anti-dumping (AD)/ Countervailing duty (CVD) investigation by fragmented industries.
      • 2.52 Trade Notice No. 10/2021 - Clarification with respect to applicability of Trade Notices nos. 05/2021, 06/2021, 07/2021, 08/2021 and 09/2021 issued on July 29, 2021
      • 2.53 Trade Notice No. 11/2021 - Amendment to Trade Notice No. 09/2021 dated 29th July, 2021
    • Chapter 3 Application Proformas.
      • Application formats filed by the domestic industry for imposition of antidumping duty
        • Supporter Industry Application.
        • Exporters Questionnaire
        • Exporters Questionnaire –Part II - Sunset Review
        • Exporters Questionnaire – Market Economy Treatment Questionnaire.
        • Unrelated Importers Questionnaire.
        • User Industry Questionnaire
        • Mid-Term Review Application
        • Anti-Circumvention Application.
        • New Shipper Review Application.
        • Name Change Review Application.
        • Refund of Anti-Dumping Duty Application
  • Part II Anti-Subsidy
    • Chapter 4 Relevant legislation - Act and Rules.
      • The General Agreement on Tariffs and Trade, (GATT, 1947)
      • Agreement on Subsidies and Countervailing Measures.
      • Customs Tariff Act, 1975
      • Anti-Subsidy Rules.
        • Customs Tariff (identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and For Determination of Injury) Rules, 1995
    • Chapter 5 Application Proformas.
      • 5.1 Investigation Application Proforma.
      • 5.2 Questionnaire for Exporters.
      • 5.3 Questionnaire for Government
      • 5.4 Questionnaire for Importers.
  • Part III Safeguard Measures
    • Chapter 6 Relevant legislation - Act and Rules.
      • The General Agreement on Tariffs and Trade (GATT), 1947
        • Agreement on Safeguards.
      • General Safeguards.
        • Customs Tariff Act, 1975
      • General Safeguards Rules.
        • Customs Tariff (Identification and Assessment of Safeguard Measures) Rules, 1997
      • Safeguard Measures (Quantitative Restrictions)
        • The Foreign Trade (Development and Regulation) Act, 1992
        • Safeguard Measures (Quantitative Restrictions) Rules, 2012
      • Safeguard Measures under FTA.
        • Bilateral Safeguard Measures under India-Korea Comprehensive Economic Partnership Agreement.
        • Safeguard Measures Rules under India-Korea CEPA.
        • Bilateral Safeguard Measures under India-Japan CEPA.
        • Safeguard Measures Rules under India-Japan CEPA.
        • Bilateral Safeguard Measures under India-Asean FTA.
        • Safeguard Measures Rules under India-Asean FTA.
        • Bilateral Safeguard Measures under India-Malaysia CEPA.
        • Safeguard Measures Rules under India-Malaysia CEPA.
    • Chapter 7 Trade notices, proformas and list.
      • Trade Notices/Notifications
        • List of Developing Countries.
      • Formats.
        • Application by Domestic Industry for General Safeguard Investigation.
        • Application by Domestic Industry for Safeguard (Quantitative Restriction) Investigation
        • Questionnaire for Domestic Industry Post Initiation.
        • Questionnaire for Importers Post Initiation.
        • Questionnaire for Exporters Post Initiation.
      • List of Safeguard Investigations by India.
        • General Safeguards Investigations.
        • Transitional Product Specific Safeguard Duty Mechanism Investigations Against China.
        • Bilateral Safeguard Investigations.
        • Safeguard (Quantitative Restrictions) Investigations
Biographical note

NITYA Tax Associates

Excerpt

Ready Reckoner on

Trade Remedy
Measures in India

Covering Anti-dumping,
Anti-subsidy and Safeguards

First published in India 2022

© NITYA Tax Associates

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Contents at a glance

Detailed content

PART I

Anti-Dumping

Chapter 1 Relevant legislation – Act and Rules.

Chapter 2 Trade Notices.

Chapter 3 Application Proformas.

PART II

Anti-Subsidy

Chapter 4 Relevant legislation - Act and Rules.

Chapter 5 Application Proformas.

PART III

Safeguard Measures

Chapter 6 Relevant legislation - Act and Rules.

Chapter 7 Trade notices, proformas and list.

Detailed contents

Contents at a glance.

PART I

Anti-Dumping

Chapter 1 Relevant legislation – Act and Rules

The General Agreement on Tariffs and Trade, (GATT 1947)

Article VI: Anti-Dumping and Countervailing Duties.

Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade, 1994

Customs Tariff Act, 1975

Anti-Dumping Rules.

Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995

Refund of Anti-Dumping Duty (Paid in Excess of Actual Margin of Dumping) Rules, 2012

Chapter 2 Trade Notices

Summary of Trade Notices issued by the Directorate General of Trade Remedies.

Covid related.

Domestic Industry Petition

Formats

Reviews.

Confidentiality

Procedures and trade facilitation.

Office Memorandum by the DGTR

Text of Trade Notices issued by the Directorate General of Trade Remedies

2.1 Trade Notice No. 02/2000 dated 28.08.2000 - Requirements to be followed while submitting information that has to be treated as confidential

2.2 Trade Notice No. 01/2004 dated 15.03.2004 - Clarification regarding Initiation of Mid-term Reviews in terms of Rule 23 of Anti-dumping Rules..

2.3 Trade Notice No. 02/2004 - Requirements to be followed while making applications for anti-dumping investigations.

2.4 Trade Notice No. 01/2007 - Procedural requirements while making written submissions subsequent to Public Hearing and while filing rejoinders thereto.

2.5 Trade Notice No. 01/2008 - Procedure to be followed by DGAD for initiating SSR.

2.6 Trade Notice No. 01/2009 - Requirements while submitting confidential information in anti-dumping investigation

2.7 Trade Notice No. 02/2009 - Procedure for making application for antidumping investigations.

2.8 Trade Notice No. 01/2010 - Clarification regarding Initiation of Midterm Reviews in terms of Rule 23 of Anti-dumping Rules..

2.9 Trade Notice No. 01/2011 - Presentation of documents to all participants in public hearingNo.4/27/2007-DGAD.

2.10 Trade Notice No. 02/2011 - Regarding ‘Reasonable time period’ for the purpose of sub-rule 23 (1B) for SSR applicationsNo.4/31/2007-DGAD

2.11 Trade Notice No. 01/2012 - Timelines for submission of data/ information during the course of investigation.

2.12 Trade Notice No. 02/2012 - Submission of Soft copy of CV and NCV along with the Hard copy of PetitionNo. 4/7/2012-DGAD.

2.13 Trade Notice No. 03/2012 - Presentation of documents to all participants in public hearing through e-mail also.

2.14 Trade Notice No. 04/2012 - Presentation of documents to all participants in public hearingNo. 4/7/2012-DGAD.

2.15 Trade Notice No. 01/2013 - Requirements for submission of Confidential/Non-confidential information by stakeholders

2.16 Trade Notice No. 01/2015 - Representation received from some of the domestic producers on the Antidumping Rules on determination of Non-injurious Price (NIP)

2.17 Trade Notice No. 02/2015 - Authenticity of supporting documents/ information received during the processing of anti-dumping cases

2.18 Trade Notice No. 01/2017 - Request for transaction-wise import data.

2.19 Trade Notice No. 02/2017 - Guidelines and procedures for filing application for SSRNo. 4/5/2017-DGAD.

2.20 Trade Notice No. 01/2018 - Non-Confidential Transaction-wise import data in Anti-dumping investigations.

2.21 Trade Notice No. 02/2018 - Streamlining of the Anti-Dumping Investigations Process- New information/Revision in existing formats of domestic industry’s petition to avoid delays.

2.22 Trade Notice No. 03/2018 - Streamlining of the Anti-Dumping Investigations Process-Scrutinizing of petitions received in DGAD to avoid delays.

2.23 Trade Notice No. 04/2018 - Streamlining of the Anti-Dumping Investigations Process - Anti-Dumping Questionnaire Format for User Industry

2.24 Trade Notice No. 05/2018 - Streamlining of the Anti-Dumping Investigations Process - Anti-Dumping Questionnaire Format for Producer/Exporter/Related Importer.

2.25 Trade Notice No. 06/2018 - Streamlining of the Anti-Dumping Investigations Process - Anti-Dumping Questionnaire Format for Un-related Importer in India

2.26 Trade Notice No. 07/2018 - Streamlining of Anti-Dumping/Counter Vailing Duty Investigation process - Obtaining and sharing of import data pertaining to investigation with interested parties regarding.

2.27 Trade Notice No. 08/2018 - Streamlining of the Anti-Dumping Investigations/ Process - Application Format for Initiation of New Shipper Review.

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