This paper is published in Volume-5, Issue-4, 2019
Area
Law
Author
Aditi Singh
Org/Univ
Amity University, Jaipur, Rajasthan, India
Pub. Date
18 July, 2019
Paper ID
V5I4-1187
Publisher
Keywords
Anti-Dumping, Anti dumping and Allied Duties

Citationsacebook

IEEE
Aditi Singh. Anti-dumping laws in India, International Journal of Advance Research, Ideas and Innovations in Technology, www.IJARIIT.com.

APA
Aditi Singh (2019). Anti-dumping laws in India. International Journal of Advance Research, Ideas and Innovations in Technology, 5(4) www.IJARIIT.com.

MLA
Aditi Singh. "Anti-dumping laws in India." International Journal of Advance Research, Ideas and Innovations in Technology 5.4 (2019). www.IJARIIT.com.

Abstract

Dumping has been the biggest topic of concern amongst all the nations in the past few decades. Dumping means exporting goods at a price lower than its normal value and introducing it into the economy of another country which thereby causes injury to the domestic producers of the same goods. Dumping is not actually prohibited under GATT provisions unless it is established that it is adversely affecting the Domestic producers. When a country dumps its goods into the economy of another country, then to stop this unfair activity anti-dumping measures can be taken by the importing country after establishing that the dumping is causing injury to the domestic producers of the same goods. The first provision regarding anti-dumping in India was enacted in 1982. India has Come a long way in using Anti Dumping measures as trade remedy tool since 1995 with 26% of total world Anti Dumping measures being taken by India in 2011 from a modest 6% in 1995. Through this, industries are availing a large number of benefits which are permissible under the law. To constitute dumping three things are needed to be satisfied- Dumping is caused. Injury is caused by the domestic producers of the same goods due to dumping. There is a causal link between injury and dumping. Anti dumping and anti subsidies & countervailing measures in India are assessed by Directorate General of Anti dumping and Allied Duties (DGAD) functioning in the Dept. of Commerce in the Ministry of Commerce and Industry. Dumping is considered as an unfair trade practice which adversely effects international trade by different means. To resolve the problems arising out of the dumping of goods and its trade distortive effect Anti Dumping measure is used. So, the anti-dumping duty is the main measure to solve the trade distortive effect of dumping and re-establish fair trade. The main use of anti-dumping measure is to eliminate unfair competition and allow healthy competition and trade which is permitted by the WTO.
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