Antidumping Duty Laws In India
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| Author | : Derk Bienen |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 736 |
| Release | : 2013-09-01 |
| Genre | : Law |
| ISBN | : 904114692X |
This book is the first to bring together the actual practices and procedures in all the major users of anti-dumping. The countries surveyed include all the so-called ‘traditional’ users (Australia, Canada, the EU, New Zealand, South Africa, and the United States) as well as the leading ‘new’ users (Argentina, Brazil, China, India, Korea, Mexico, and Turkey). The book provides not only an overview of each of the systems considered but also a detailed reference to the way different jurisdictions have handled specific issues. In addition, the structure for each chapter is virtually identical, allowing for a ready comparative analysis of various topics. These topics include the following: ; applicable legislation, regulations, prescribed guidelines and procedures; decision-making process and time-line; the likelihood of an investigation leading to the imposition of measures; statistics 1995–2011 with details of actual investigations and duties imposed; threshold of injury and calculation of non-injurious price; establishment of causal link; verification reports, hearings, access to information, and other procedural issues; reviews and refunds; and anti-circumvention measures. An introductory chapter provides a comparative statistical analysis of the use of anti-dumping by the thirteen countries, highlighting key features of anti-dumping systems in a comparative way. The introduction also assesses the important impacts of China’s accession to the WTO in 2001 and of the economic and financial crisis of 2008–2009, discusses the treatment of non-market economies, and notes emerging tendencies in anti-dumping reform. This is an invaluable work on a key area in trade (and competition) law, written by a team of well-known experts. With its comprehensive and practical format, the book will be of great interest to practitioners dealing with anti-dumping cases, including trade law practitioners who may have to defend anti-dumping cases in different jurisdictions, attorneys in international trade law and competition law, government officials, academics, and researchers.
| Author | : Owais Hasan Khan |
| Publisher | : Cambridge Scholars Publishing |
| Total Pages | : 158 |
| Release | : 2018-10-12 |
| Genre | : Law |
| ISBN | : 1527519147 |
This book presents a critical analysis of anti-dumping laws enforced by the World Trade Organisation. Anti-dumping laws are the most debatable provisions of the WTO, which, though legally permitted, have a significant distorting effect on trade. They are also often used as a non-tariff barrier to trade in the form of regulatory protectionism. The book brings forth the philosophical, conceptual and practical flaws of international anti-dumping laws, and establishes a case for the repealing of such laws. Furthermore, it proposes the replacement of these laws with international competition law. In doing so, it also demonstrates the ascendancy of international competition law over anti-dumping laws, and discusses India’s take on anti-dumping laws and their incorporation in domestic regulations.
| Author | : K. D. Raju |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 522 |
| Release | : 2008-01-01 |
| Genre | : Law |
| ISBN | : 9041127801 |
The WTO Secretariat reports that during the period from 1995 to June 30, 2007 WTO members initiated 3097 anti-dumping investigations. Of these, 474 were put forward by India, which made it the largest user of this measure among WTO Members. The traditional argument of developing countries was that loopholes or absence of clear definitions in the anti-dumping rules have increased the possibility of abuses and discretionary practices against them. Now, many developing countries like India have become frequent users of this measure. For a better understanding of the various provisions of the WTO's Anti-dumping Agreement (ADA) a critical investigation of the resulting jurisprudence is a necessity. To that end, this timely work has a fivefold aim: and• To explore the jurisprudence that has emerged around the anti-dumping regime and how it affected developing countries; and• To assess how effectively and to what extent the WTO's Dispute Settlement Body (DSB) is able to analyze the violations of ADA provisions; and• To examine domestic compliance with DSB decisions; and• To study the Indian cases which come before the nation's Customs, Excise andamp; Sales Tax Appellate Tribunal, various High Courts and the Supreme Court of India; and and• To offer recommendations for the improvement of the anti-dumping regime from a developing country perspective.
| Author | : Peter Van den Bossche |
| Publisher | : Cambridge University Press |
| Total Pages | : 349 |
| Release | : 2016-04-02 |
| Genre | : Law |
| ISBN | : 1107638933 |
This concise and reader-friendly overview of WTO law is essential reading for anyone needing an introduction to this complex field.
| Author | : Brink Lindsey |
| Publisher | : Cato Institute |
| Total Pages | : 245 |
| Release | : 2003-10-25 |
| Genre | : Political Science |
| ISBN | : 1933995599 |
The U.S. antidumping law enjoys broad political support in part because so few people understand how the law actually works. Its rhetoric of “fairness” and “level playing fields” sounds appealing, and its convoluted technical complexities prevent all but a few insiders and experts from understanding the reality that underlies that rhetoric. CONNUM? CEP? FUPDOL? TOTPUDD? DIFMER? NPRICOP? POI? POR? LOT? Confused? You’re not alone. Even members of Congress, whose opinions shape the course of U.S. trade policy, are baffled by those devilish details. Antidumping Exposed book seeks to penetrate the fog of complexity that shields the antidumping law from the scrutiny it deserves. It offers a detailed, step-by-step guide to how dumping is defined and measured under current rules. It identifies the many methodological quirks and biases that allow normal, healthy competition to be stigmatized as “unfair” and punished with often cripplingly high antidumping duties. The inescapable conclusion is that the antidumping law, as it currently stands, has nothing to do with maintaining a “level playing field.” Instead, antidumping’s primary function is to provide an elaborate excuse for old-fashioned protectionism. The authors offer 20 specific proposals for reform of the World Trade Organization’s Antidumping Agreement. Their analysis and ideas should be of great interest to businesses, trade lawyers, and trade negotiators around the world.
| Author | : Sheela Rai |
| Publisher | : Partridge Publishing |
| Total Pages | : 432 |
| Release | : 2014-06-02 |
| Genre | : Law |
| ISBN | : 1482821753 |
Antidumping Measures have been cirticised as anti to competition policy. It is alleged that they are usually abused by small group of producers to protect their monopoly or to protect their cartel prices. India after liberalisation of its economy has become one of the leading users of antidumping measures. Indian use of antidumping measures are being critcised on the same lines on which antidumping measures are generally criticised. Through the anaysis of 150 sample cases the author finds that the criticism is not justified. In addition to it antidumping measures have to be analysed in the general economic policy background of the country. The book attempts to do the same and concludes that although there are very few cases in which antidumping measrues were sought for protectionist purposes, in genreal Indian domestic industry has been vulnerable when it sought the protection of antidumping measures. Antidumping measrues in a way are a tool to regularly check market distortions before these distoritions become serious enough to attract the notice of the competition authority. These measures also help in maintenenace of trade on MFN basis as dumped products as much hurt imports from other sources as they hurt the domestic industry.
| Author | : Douglas A. Irwin |
| Publisher | : University of Chicago Press |
| Total Pages | : 873 |
| Release | : 2017-11-29 |
| Genre | : Political Science |
| ISBN | : 022639901X |
A Foreign Affairs Best Book of the Year: “Tells the history of American trade policy . . . [A] grand narrative [that] also debunks trade-policy myths.” —Economist Should the United States be open to commerce with other countries, or should it protect domestic industries from foreign competition? This question has been the source of bitter political conflict throughout American history. Such conflict was inevitable, James Madison argued in the Federalist Papers, because trade policy involves clashing economic interests. The struggle between the winners and losers from trade has always been fierce because dollars and jobs are at stake: depending on what policy is chosen, some industries, farmers, and workers will prosper, while others will suffer. Douglas A. Irwin’s Clashing over Commerce is the most authoritative and comprehensive history of US trade policy to date, offering a clear picture of the various economic and political forces that have shaped it. From the start, trade policy divided the nation—first when Thomas Jefferson declared an embargo on all foreign trade and then when South Carolina threatened to secede from the Union over excessive taxes on imports. The Civil War saw a shift toward protectionism, which then came under constant political attack. Then, controversy over the Smoot-Hawley tariff during the Great Depression led to a policy shift toward freer trade, involving trade agreements that eventually produced the World Trade Organization. Irwin makes sense of this turbulent history by showing how different economic interests tend to be grouped geographically, meaning that every proposed policy change found ready champions and opponents in Congress. Deeply researched and rich with insight and detail, Clashing over Commerce provides valuable and enduring insights into US trade policy past and present. “Combines scholarly analysis with a historian’s eye for trends and colorful details . . . readable and illuminating, for the trade expert and for all Americans wanting a deeper understanding of America’s evolving role in the global economy.” —National Review “Magisterial.” —Foreign Affairs
| Author | : Morris E. Morkre |
| Publisher | : |
| Total Pages | : 142 |
| Release | : 1994 |
| Genre | : Business & Economics |
| ISBN | : |
| Author | : Peter Gallagher |
| Publisher | : Cambridge University Press |
| Total Pages | : 682 |
| Release | : 2005-12-15 |
| Genre | : Business & Economics |
| ISBN | : 9781139449007 |
This 2005 compilation of 45 case studies documents disparate experiences among economies in addressing the challenges of participating in the WTO. It demonstrates that success or failure is strongly influenced by how governments and private sector stakeholders organise themselves at home. The contributors, mainly from developing countries, give examples of participation with lessons for others. They show that when the system is accessed and employed effectively, it can serve the interests of poor and rich countries alike. However, a failure to communicate among interested parties at home often contributes to negative outcomes on the international front. Above all, these case studies demonstrate that the WTO creates a framework within which sovereign decision-making can unleash important opportunities or undermine the potential benefits flowing from a rules-based international environment that promotes open trade.
| Author | : Arvind Panagariya |
| Publisher | : Oxford University Press |
| Total Pages | : 546 |
| Release | : 2008-03-03 |
| Genre | : Business & Economics |
| ISBN | : 0195315030 |
The subject of India's rapid growth in the past two decades has become a prominent focus in the public eye. A book that documents this unique and unprecedented surge, and addresses the issues raised by it, is sorely needed. Arvind Panagariya fills that gap with this sweeping, ambitious survey. India: The Emerging Giant comprehensively describes and analyzes India's economic development since its independence, as well as its prospects for the future. The author argues that India's growth experience since its independence is unique among developing countries and can be divided into four periods, each of which is marked by distinctive characteristics: the post-independence period, marked by liberal policies with regard to foreign trade and investment, the socialist period during which Indira Ghandi and her son blocked liberalization and industrial development, a period of stealthy liberalization, and the most recent, openly liberal period. Against this historical background, Panagariya addresses today's poverty and inequality, macroeconomic policies, microeconomic policies, and issues that bear upon India's previous growth experience and future growth prospects. These provide important insights and suggestions for reform that should change much of the current thinking on the current state of the Indian economy. India: The Emerging Giant will attract a wide variety of readers, including academic economists, policy makers, and research staff in national governments and international institutions. It should also serve as a core text in undergraduate and graduate courses that deal with Indias economic development and policies.
