HIGHLIGHTS OF THE ANNUAL REPORT, 2002-03 OF DIRECTORATE GENERAL OF ANTI-DUMPING & ALLIED DUTIES

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• The purpose of anti-dumping is to counter act trade distortions caused by dumping and the consequential injury to the domestic industry.
• During the year 2002-03, the Directorate General of Anti-Dumping & Allied Duties initiated anti-dumping investigations into import of 30 products.
• China figures in 15 of the 30 cases initiated followed by Taiwan and Korea with 6 cases each and Singapore with 4 cases.
• Out of the 30 cases initiated in 2002-03, 11 pertain to Chemicals & Petrochemicals, 5 to Consumer Goods, 4 to Steel & Other Metals and 3 pertaining to Pharmaceuticals.
• Important cases initiated during 2002-03 are Mulberry Raw Silk, Ammonium Nitrate, Ball Bearings and Butter Oil.
• 29 final findings were issued during the year out of which 28 pertain to cases initiated prior to 2002-03. Of the 27 preliminary findings issued, 18 pertain to the current year and the rest relate to cases initiated in 2001-02.
• The total number of 153 anti-dumping cases have been initiated by the Director General of Anti-Dumping & Allied Duties since 1992. Out of these cases, final findings have been issued in 117 cases and preliminary findings issued in 18 cases till 31.3.2003.
• Of the 153 cases initiated by the DGAD so far, 52 appeals have been filed before the CEGAT. Out of these, in 26 cases CEGAT has upheld the decision of the Designated Authority and in 5 cases it has been partially modified. Only in 3 cases, the recommendations of DA have been quashed; of which in two cases DA has already filed an appeal before the Supreme Court.
• In the case of High Courts, 25 writ petitions were filed; of which 12 petitions have been disposed of. Out of these 10 decisions have been pronounced in favour of DA and 2 cases have been transferred to the Supreme Court.
• Similarly in the Supreme Court, of the 10 cases that were admitted, judgements have been passed in four and in all the four cases, the Supreme Court has upheld the findings of the DA.
• So far as the WTO Dispute Settlement Mechanism is concerned, not a single decision of Designated Authority has been referred to it.
• India was a leading country in using the Anti-Dumping Measures. As per the WTO report for January to June 2002, India initiated maximum (25) anti-dumping investigations, followed by United States (22) and Argentina (10).
• Besides expediting and streamlining the procedure of investigation, the DGAD also initiated various measures for dissemination of information on the anti-dumping laws, practices and procedures in the country. The Port Offices of DGFT were also utilized as Facilitation Points for the domestic industry to provide information on anti-dumping laws, procedures, specially concerning the filing of petitions.
• In addition, DGAD organised a National Workshop on ‘Increasing India’s Competitiveness: Role of Trade Remedial Measures’ at Hotel Ashok in July 2002. A National Seminar on Anti Dumping and Subsidies issues was organised by the DGAD and the Trade Policy Division at India International Centre.

Anti-Dumping & Subsidy cases against India

• As per available information, 82 Anti-dumping cases and 32 Subsidy cases have been initiated against exports from India.
• The highest number of anti-dumping cases continue to be on engineering products, including steel products which account for 32% of the total cases followed by textiles & articles thereof (19%), drugs, pharmaceuticals and basic chemicals (18%) rubber/plastics and articles etc.(13%), and consumer/industrial goods (12%).
• Out of the 82 Anti-Dumping cases initiated against exports from India, highest number of cases initiated continues to be by EU (33%), followed by USA (17%), South Africa (13%), Indonesia (7%), Canada (6%), Brazil (5%). Argentina, Australia, Egypt, Mexico, Turkey, Thailand and Republic of Trinidad & Tobago have also initiated cases but individually are accounting for a share of about 1.5% each cumulating to 19%.
• Out of the 32 Anti Subsidy cases initiated against India, EU accounts for (44%) followed by USA and South Africa (19% each) and Canada (16%) and Brazil (3%).
• In the anti subsidy cases, engineering items particularly steel products account for 38% of the total cases. Followed by rubber/plastic articles (25%) and textiles/articles & Drugs (13% each)