CHAPTER – I

INTRODUCTION

1.1. Evolution of Problem:

International trade means trade between States or Nations entirely foreign to each other.
The trade across the borders of the countries has been carried out since time immemorial. With
the industrial revolution in Europe there was great increase in production. The great industrial
nations of Europe therefore, needed colonies to supply them with raw materials and also for
getting the vast consumer base that can consume their surplus production. The European nations
embarked upon imperialism for the sake of strategic raw materials and markets for their
products. Various theories were propagated by eminent economic scholars at that time for
promoting free trade across the globe. As a result of that International trade got a boost and
especially since 1944 it expanded dramatically, when the negotiations started among some
countries in Bretton Woods for the purpose of establishing a free trade by removing the barriers
and protectionist tendencies among the participating member countries.

Adam Smith in his celebrated work “The Wealth of Nations”1 advised never to attempt to
make at home what it will cost more to make than to buy. Successive generations of economists
have supported and refined Smith‟s argument contending that “if foreign country can supply us
with commodity cheaper than we ourselves can make it, better buy it of them with some part of
the produce of our own industry, employed in a way in which we have some advantage.” This is
known as the fundamental concept of comparative advantage on which the principle of free trade
rests. Economists contend that a decentralized market system that allows producers and
consumers the freedom to choose according to market prices will provide the most efficient
allocation of the scarce resources and this will result in gain in real national income. Under free
trade, the concept of comparative advantage suggests that a country should exchange what it can

1
Adam Smith, “Wealth Of Nations”, Bantam Classic ed., (2013), Book 4,Chapter 3, p. 596
produce most efficiently for what others can produce more efficiently. Even if a country could
produce every commodity well (absolute advantage), it would still gain by specializing in its
better products (comparative advantage). Exceptions to this theory of free trade arise only when
the domestic markets fail to allocate resources efficiently or non-economic objectives receive
priority and prices of products are not decided on the basis of demand and supply curves. Equal
application of market economic principle to all firms is considered to be the backbone of free
trade.

Practice of “Free trade” ruled the world for a long time, enabling the industrially
developed countries to expand their trade throughout the world and enriched them. It is believed;
however, that World is the result of balance of positive and negative. Every thesis is supposed to
have an anti-thesis. It also turned out to be true in the free trade environment of today. The
theory of free trade generated its anti-thesis over a period of time. There has been a movement
based on the theory of comparative advantage aimed at removing all protectionism, which
contained within itself its antithesis in form of the protective measures, which shelter the
domestic industries from the possibility of extinction. One of such measures is the Anti-
dumping measure. Thus, as against the theory of free trade, there emerged protectionist measures
as an anti-thesis.

An International instrument for promotion and regulation of International free trade was
achieved in 1947 i.e., GATT, 1947. There were eight rounds of negotiations followed by this
Agreement. The final round of negotiations in Uruguay was concluded on 15th April 1994 and
108 states signed the final Act at Marrakesh, Morocco which established the framework for the
implementation of various Agreements like GATS and TRIPS on trade in goods.

The GATT was intended to reduce the tariff barriers in the trade in goods, as they restrict
the free trade. Trade barriers refer to the government policy and measures which obstruct the free
flow of goods and services across national borders. The trade barriers may be broadly divided
into two groups - tariff and non- tariff barriers. Tariff barriers are fiscal controls in form of a
financial levy imposed by the importing country on goods. This is done by the countries in order
to protect their domestic industry producing the same goods for any other reason in the interest
of domestic economy. Tariff is generally regarded as less restrictive than other methods of
protection like quantitative restriction. Therefore, organisations like GATT prefer tariff to non-
tariff barriers. Anti- dumping duties are one of such tariff barriers which are applied to imports
that are being dumped on the domestic market at price either below their cost of production or
substantially lower than their domestic price.

1.2. Statement of Problem:

The issue of “free trade” versus “protection” has long been at the heart of all trade
discussions, including those concerning dumping. It is a subject which has preoccupied scholars,
and has exercised Governments, for many Centuries. When the Second World War came to an
end it had become widely accepted among trading nations that „free trade‟ was good for the
world trading order, and „protectionism‟ was bad ,therefore a multilateral trade agreement was
negotiated, the GATT, 1947.2 In spite of founding of the GATT in 1947, and of the WTO 1994,
measures in favour of protectionism have persisted strongly till the present day. Since every state
is sovereign in its own territory, one would expect states to have completely unfettered freedom
to impose Customs duties or quantitative restrictions (quotas) to limit or restrict the free trade in
their territory or for any other purpose whatsoever.

Article VI of GATT, 1947 that recognised Anti-Dumping duty as a protectionist measure

was followed by various rounds of negotiations. These negotiations finally resulted in formation
of WTO and Anti-Dumping Agreement, 1994 along with various other trading agreements at
International level. The Anti-Dumping Agreement recognizes Anti- dumping measures taken by
members if they are within the agreed norms. Article VI of GATT is the general provision and
the Anti- dumping Agreement, 1994 is the implementation of Article VI. These norms lay down
substantive as well as procedural limitations over the use of Anti-Dumping measures.

In fact, the general approach of provisions relating to Anti-Dumping in GATT has been
to balance the rights of the importing country to safeguard its domestic industries and the
principle of free trade. Thus, Article VI of GATT recognizes the Anti-Dumping duties as an
exception to the tariff bindings under GATT. Article VI and Anti-Dumping Agreement, 1994
recognize the right of importing member to safeguard their industries against what is termed as
unfair trade practice and it is left to the discretion of the importing country whether it wants to

2
Philip Bentley, “Anti-Dumping and Countervailing Action- Limits Imposed by Economic and Legal Theory”,
(2007), p.2
levy Anti-Dumping duties or not. But this discretion is not absolute; it is regulated by the Article
VI of GATT and the Anti-Dumping Agreement, 1994 both in its substantive and procedural
aspects. Importing member can exercise its right to impose Anti-Dumping duties only if after an
investigation conducted according to Anti-Dumping Agreement it found that:

i. The imported goods are dumped i.e. sold below the normal value;
ii. There is an injury;
iii. Injury is caused by dumping.

Again the process of finding the existence of dumping, injury and causal link is also
regulated by Article VI of GATT and the Anti-Dumping Agreement. The history of development
from Article VI of GATT to Uruguay Round Anti-Dumping Agreement, 1994 is a tale of
tightening the regulatory disciplines under which the Members can levy Anti-Dumping duties. In
fact the general approach of provisions relating to Anti-Dumping in GATT has been to balance
the rights of the importing country to safeguard its domestic industries and the principle of free
trade.

Ever since the Anti-dumping regulations came into being, India has been one of the most
prominent users of these measures. India being a member to GATT, 1947 and a signatory to
Anti-dumping Agreement, 1994 incorporated provisions related with Anti-dumping measures in
its domestic laws. Anti-Dumping regime in India consists of statutory provisions contained in
Section 9A, 9AA, 9B and 9C of Custom Tariff Act, 1975. These provisions were incorporated in
the statute by an Amendment to the Parent Act in 1995 under Article 253 when read in light with
Entry 14 of List I of Constitution of India in order to fulfill International Treaty obligation
incurred by Republic of India by being signatory to GATT Agreements. In addition to these
provisions in the said Act the general rules of procedure and practice relating to imposition of
Anti-Dumping Duty are governed by Customs Tariff (Identification, Assessment And Collection
Of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995.

Dumping is said to have taken place when an exporter sells a product to another country
at a price less than the price prevailing in its domestic market. However the phenomenon of
dumping is per se not condemnable as it is recognized that producers sell their goods at different
prices to different market. It is also not usual for prices to vary from time to time in the light of
supply and demand conditions. It is also recognized that price discrimination in the form of
dumping is a common International commercial practice. It is also not uncommon that the export
prices are lower than the domestic prices. Therefore, from the point of view of Anti- dumping
practices, there is nothing inherently illegal or immoral about the practice of dumping. However,
where dumping causes or threatens to cause material injury to the domestic industry, the
Designated Authority of the importing country concerned initiates action for investigations that
may subsequently lead to imposition of Anti-dumping duties.

There is a delicate balance therefore, between the recognition of right of members to take
Anti-dumping measure and regulation of that right against protectionism so that it is not abused
as garb for protectionist measures. It is that balance of two conflicting interests that Dispute
Settlement Panels and Appellate body working under WTO are often called upon to ensure. The
present study therefore, is an explorative attempt to analyse the existing regulatory framework
dealing with Anti-Dumping measures and to examine the working and effectiveness of these
measures both at International and National level.

1.3. Hypothesis:

Anti-Dumping measures in India being in piecemeal do not adequately address the

emerging problems and complexities related with dumping of goods in present International
trade.

1.4. Research Questions:

The main purpose of this study is to analyse the existing regulatory framework for Anti-
Dumping measures both at National and International level. The research work therefore, focuses
on following research questions:

 Whether the existing framework of GATT, 1947 and Anti-Dumping Agreement, 1994
provide effective regulation of Anti-Dumping measures.
 What is the existing regulatory framework in respect of Anti-Dumping measures in India and
to what extent these measures are safeguarding the interests of domestic producers against
adverse effects of dumping.
 Whether the Dispute Settlement Authorities functioning in this regard provide adequate
remedies in matters of disputes brought before them.
 What are the loopholes in International and National regulatory measures and how these can
be overcome?

1.5. Objectives of Research:

The GATT lays down the principles to be followed by member countries while imposing
Anti-Dumping duties. Pursuant to the GATT, 1994, detailed guidelines have been prescribed
under specific agreements which have also been incorporated in the National legislation of the
member countries of the WTO. Indian laws were accordingly amended to bring them in line with
the provisions of the respective GATT Agreement. The general approach of provisions relating
to Anti-Dumping in GATT has been to balance the rights of the importing country to safeguard
its domestic industries and the principle of free trade. The present work is being carried out
keeping in view the following objectives:

 To trace the historical development of problem of dumping at International level;

 To understand the meaning, nature, scope and relevance of Anti-Dumping measures across
the globe as a counter measure against the problems caused by dumping;

 To explore the evolution of provisions related with Anti-Dumping under Article VI of

GATT,1947 to the Uruguay Round Anti-dumping Agreement in 1994;

 To examine how and how far the legal regime set up by GATT regulates the right of its
members to take Anti-Dumping measures;

 To analyse the Dispute Settlement Mechanism under WTO for settlement of Anti-Dumping
disputes;

 To make an assessment of effectiveness of Indian regulatory measures formulated in

pursuance of International regulations for countering this problem;

 To figure out the existing loopholes in the current existing regulatory framework and to come
out with possible reformative suggestions;
 To identify the emerging modern issues in this field specific to our economy and to come out
with possible prospects to deal with them.

1.6. Research Methodology:

The present work is doctrinaire focusing on descriptive and analytical methods. The
materials for the present study have been collected from primary and secondary sources. Primary
sources include statutory provisions of relevant legislations, and judicial pronouncements in this
regard, and the secondary sources include books, articles, journals, research papers websites etc.

1.7. Limitations of the Study:

The present study in limited to the analysis and interpretation of provisions related with
Anti-Dumping measures laid down under Article VI of GATT, 1947, Anti-Dumping Agreement,
1994 and Indian regulatory measures under the Customs Tariff Act, 1975 and Anti-Dumping
Rules, 1995 made thereunder in this regard. The work analyses various judicial pronouncements
on the issues related with Anti-Dumping measures under these provisions by Dispute Settlement
Panels and Appellate Body at International level and Supreme Court, various High Courts and
CESTAT in India. For making statistical interpretations and analysis data available on official
websites of WTO and Ministry of Commerce and Industries have been retrieved.

1.7. Review of Literature:

Review of literature for the present work involves review of some of the select books and
articles.

1.7.1. Books:

Review of some of the select books that have been read in order to develop the better
understanding of the subject matter before starting my research work can be summarily laid
down as follows:

1) Edwin A. Vermulst:
 His book entitled “The WTO Anti-Dumping Agreement” provides an analytical overview
of the world Trade Organization‟s Anti-Dumping Agreement, as interpreted by WTO Panels and
the Appellate body. The author has stated that the Anti-Dumping Agreement is often perceived
as being the most technical and controversial WTO Agreement. While the basic concepts of
dumping and resulting injury may appear deceptively simple, complex methodology related to
the calculation of dumping and injury margins, as well as the very detailed procedural
requirements that authorities need to comply with before taking Anti-Dumping action, make the
Anti-Dumping Agreement difficult to apply and understand in practice. While the book goes into
great detail about the intricacies of Anti-Dumping law and practice, it attempts to explain the
various concepts in a relatively non-technical manner by means of simplified examples that are
easy to grasp for experts and non-experts alike. The book also pays extensive attention to
interpretations of the various provisions of the Anti-Dumping Agreement by WTO Panels and
the Appellate Body.

2) Sheela Rai:

i. Her book on “Anti-Dumping Measures: Policy, Law and Practice in India” successfully
produce a comprehensive study on Anti-Dumping measures in India, which is first of its
kind in Indian context. Author has analysed cases to assess the impact of dumping and
Anti-Dumping measures in the Indian market against the country‟s historical, economic,
social, political and constitutional background and also in light of the role of the State in
modern globalized economy. As introduced in the inception of the book, India has
become one of the leading users of Anti-Dumping measures in the world and has been
criticized that Anti-Dumping measures are used by India‟s monopolies and dominant
industries to protect influential domestic producers at the cost of consumer welfare and
downstream industries. Author questions the accuracy of these criticisms. According to
her very few existing writings on the use of Anti-Dumping measures were based on
empirical research and therefore may be inaccurate. In this connection, she conducts a
novel study to examine whether Anti-Dumping measures can, instead of being anti-
competitive, be a tool in protection and promotion of competition and overall national
welfare gains. In other words, the author has tried to find out whether Anti-Dumping
measures and competition law are complementary rather than in a position of conflict in
 the Indian market. In doing so, the author has emphasized that the review of the law and
application of Anti-Dumping measures and the judgment of whether such measures have
been abused in India have to be done in the background of Indian legal, political and
economic system and philosophy, as well as in the role of the state in modern
constitutional democracies in the era of liberal trade and globalization.

ii. Another book written by her called “Anti-Dumping Measures under GATT/WTO” is a
comprehensive analysis of Anti-Dumping regulations contained under Article VI GATT,
1947 and Anti-Dumping Agreement, 1994. It analyses each aspect of these measures with
the respective developments in each round of GATT negotiations between the periods
from 1947 to 1994 until Uruguay Round of negotiations. The book highlights the changes
and shifts brought in the line of reasoning in formulation and interpretations of various
provisions by Dispute Settlement Authorities over a period of time.

3) Phillip Bentley & Aubrey Silberston CBE:

Their book entitled “Anti-Dumping and Countervailing Action” written by a lawyer and
an economist, offers a challenging and thought-provoking consideration of actions against
dumping and export subsidies. Unlike many books in the field that simply set out the relevant
international agreements and discusses their interpretation by various regulatory authorities, this
book identifies numerous contradictions found in existing law and practice. Many of which, the
authors argue, defy economic as well as legal logic. In light of their analysis, the authors propose
a number of changes to current law and practice. Whilst they are under no illusion of the
likelihood that such changes will occur in the relevant agreements in the near future, it is hoped
that through compelling argument they can not only contribute to future debate, but also shape
the way these issues are treated in practice. Book provides a critical analysis of the commonly
used trade measures against dumping and export subsidies.

4) Jacob Viner:

His book entitled “Dumping: A problem in International Trade” is a classic work on this
subject. Modern Anti-Dumping action is very much rooted in Jacob Viner‟s classic analysis of
dumping in his book. Viner was himself an active participant in the drafting of the United States
Anti-Dumping Act of 1921, which he later described as being “in almost all respects a model of
draftsmanship in so far as Anti-Dumping legislation is concerned. Furthermore, nearly every
subsequent study of the dumping/Anti-Dumping problem refers to Viner‟s work as the definitive
word on the economic implications of discriminatory pricing in international trade. His book is a
thorough study of price discrimination between national markets, its history, its effects on prices
and profits, and Anti-Dumping measures.

5) Judith Czako, Johann Human, Jorge Miranda:

This book entitled “A handbook on Anti-Dumping Investigations” covers the major areas
arising in Anti-Dumping investigations as embodied in the relevant WTO provisions, providing
an exposition of well sourced information, explanation and guidance for grasping the intricacies
of Anti-Dumping investigations. The book proceeds to consider crucial issues involved:
calculation of dumping margins and determinations of injury and causation. Well-structured and
easy to follow, the handbook is designed to assist in a practical way investigators delegated the
authority to conduct the required investigation.

6) R.K. Gupta:

This book called “Safeguards, Countervailing and Anti-Dumping Measures against

Imports and Exports” is a comprehensive book that provides basic information about the legal
provisions and the procedures for initiating or effectively contesting investigations against
dumped or subsidized imports. The book includes discussion on the salient features of the GATT
provisions with regard to Anti-Dumping and countervailing measures. It gives an analysis of
Anti-Dumping cases investigated in India and abroad and analyses the procedures followed by
some of India‟s major trading partners such as U.S. and E.U.

7) Mitsuo Matsushita, Thomas J. Schoenbaum, Petros C. Mavroidis & Michael Hahn:

This book named “The World Trade Organisation: Law, Practice and Policy” lays down
that WTO is one of the most important intergovernmental organisations in the world yet the way
in which it functions as an Organisation and the scope of its authority and power are still poorly
understood. The author begins with the institutional law of the WTO and then tackles the
principal substantive obligations of WTO regime that includes tariffs, quotas and MFN. Then the
author moves on to consider unfair trade, regional trading arrangements and developing
countries. In its final section the book deals with the consequences of globalization and analyses
whether WTO law effectively regulates the problems faced by economies because of various
tariff and non-tariff barriers.

8) Wolfgang Muller, Nicholas Khan & Tabor Scharf:

This book called “EC and WTO Anti-Dumping Law” is a commentary that addresses all
aspects of the EC Anti-Dumping regulation and makes extensive comparison with WTO Anti-
Dumping Code. Anti-Dumping law is regulated by both EC and WTO and the subject according
to authors is of significant practical importance. This book incorporates all the regulations with
their respective amendments and changes including the relevant rulings of courts, the extensive
practice by the Council and the Commission of the European Union as well as reports by the
WTO Dispute Settlement Panels.

9) Derk Bienen, Gustav Brink & Dan CIuriak:

This book titled as “Guide to International Anti-Dumping Practice” is the first of its kind to
bring together the actual practices and procedures in all major users of Anti-Dumping. The
countries surveyed in this book include the so-called traditional users Australia, Canada, the EU,
New Zealand, South Africa and the U.S. as well as the traditional users such as Argentina,
Brazil, India, China, 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 that include applicable legislations,
decision making process, statistics, investigations, reviews and refunds etc.

10) Douglas R. Nelson & Hylke Vandubussche:

This book entitled as “The WTO and Anti-Dumping” is a two volume book that contains
careful selection of the most significant papers on anti-dumping covering each and every aspect
related with Anti-Dumping Measures. After an initial look at some classic articles, the collection
provides an overview of the past two decades of academic research on this subject the
contributions are both empirical and theoretical with the emphasis being on the economic rather
than the legal analysis involved. This is however a very comprehensive work that brings together
almost all aspects with a deep analysis related with Anti-Dumping measures.

1.7.2. Articles:

Review of some of the select Articles that have been gone through in order to develop the
better understanding of the subject matter before starting my research work can be summarily
laid down as follows:

1). George Yarrow:

His article called “Economic Aspects Of Anti-Dumping Policies” is an attempt to analyse

the term Anti-Dumping as a concept. He has tried to examine it from the point of view of price
discrimination versus competition versus welfare arguments and has analysed various policy
arguments in this regard. He has examined the regulatory framework under GATT and EC and
has come out with some suggestions.

2). Adam Short:

His article called “The Anti-Dumping Feature of Canadian Tariff” is an attempt to lay
down a theoretical assessment of Canadian Anti-Dumping regulations and has concluded that the
sale of goods below cost is certainly abnormal trade, and cannot be ultimately to the benefit of
the trade or anyone. A fiscal device therefore, which is able to effectively deal with that situation
without necessarily interfering normal trade is worthy of consideration.

3). Aradhana Aggarwal:

Her article entitled “Anti-Dumping Law and Practice: An Indian Perspective” is a very
analytical and comprehensive study. It attempts to analyse the Anti-Dumping regime from both
economic and political aspects. It also involves the analysis of data available in this regard for
assessing the impacts and trends in Anti-Dumping measures.

4). C. Satpathy:

His article entitled “WTO Panel Rulings on Anti-Dumping” is an attempt to analyse the
US Anti-Dumping act of 1916 with reference to the GATT, 1947 and Anti-Dumping Agreement
1994. Basing on the panel decisions he has concluded that the US Act of 1916 which provides
for specific action against dumping in form of civil and criminal proceedings is clearly
inconsistent with Article VI og GATT and Anti-Dumping Agreement, 1994.

5). Uppu Suuneetha Chowdary:

This article titled “Benefits and Importance of Anti-Dumping Act” investigates the
benefits and importance of Anti-Dumping legislations. While analyzing various aspects of Anti-
Dumping duty determinations he has examined the U.S. Anti-Dumping war against China. He
has also compared WTO Rules with U.S. Anti-Dumping laws and U.S. approach towards Non-
market Economies. Indian legislations on Anti-Dumping measures have also ben briefly
examined by the author.

6). Ross Denton:

His article entitled as “The Non-Market Economy Rules of The European Community‟s
Anti-Dumping Countervailing Duties Legislation” is a detailed analysis of dumping as a concept
from different point of views. Special consideration has been given to analyzing Anti-Dumping
rules with respect to non-market economies under GATT and EU framework.

7). Wei Huo:

His article entitled “Introduction and Critical Analysis of Anti-Dumping Regime and
Practices in China Pending Entry of WTO: Transition Toward a WTO-Modeled Trade legal
Mechanism” comprehensively analyses the trends of Anti-Dumping in GATT, E.U., U.S. Then
the author has analysed the Anti-Dumping regime in China covering its various aspects and has
made a critical analysis of these provisions.

8). Gerwin Van Gerven:

In his article entitled “New Anti-circumvention Rules in EEC Anti-Dumping Law” he has
examined the EEC Anti-Dumping laws in a nutshell and then his analysis proceeds with later
developments in these regulations from time to time. He has dealt with various aspects covered
by these developments including investigation related issues specifically.

9). Gary Horlick & Edwin Vermulst:

 Their article entitled “The 10 Major Problems with Anti-Dumping Instrument: An
Attempt at Synthesis” as the title itself suggests has tried to identify 10 major problem in Anti-
Dumping instrument in US and EU. They have identified problem regarding procedural issues,
substantive issues including injury dumping determinations and have concluded that 10 years of
experience has shown that some problems are due to ADA itself and some have arisen due to
national practices.

10). P.K.M. Tharakan:

His article entitled “The Problem of Anti-Dumping Protection and Developing Country
Exports” has tried to identify some conceptual and operational problems of Anti-Dumping
mechanism such as dumping, injury etc. he has received the empirical evidences to make logical
assessments and also has done select case study. He has in the end come out with the policy
proposals in this regard.

11). Nigel Grimwade:

In his article entitled “Anti-Dumping Policy After the Uruguay Round - An Appraisal”
he has analysed the growth of Anti-Dumping action over a period of time, the effects of Anti-
Dumping measures on the economies and has also analysed the new policy regimes in this regard
and its likely impact.

12). Prabhash Ranjan:

In his article on “International Predation and Anti-Dumping” he has analysed the Anti-
Dumping regime under GATT/WTO. He has tried to establish conceptual analysis of predatory
pricing. He has analysed predation and undervalued imports. He also assessed the predatory
imports that constitute dumping and also predatory imports that do not constitute dumping.

13.) Gary Horlick and Edwin Vermulst:

In their article entitled “The 10 major problems with the Anti-Dumping Instrument: An
Attempt at Synthesis” they have identified 10 major problems by choosing experts from 10 major
Anti-Dumping using countries. They have identified problems regarding procedural issues and
substantive issues regarding dumping and have concluded that many problems regarding these
issues were built into ADA itself, but many of them arise from national practice.

1.8. Framework of Study:

The study has been for vivid and lucid presentation classified into nine chapters. It has
been pursued with an idea of comprehensive analysis comprising the following:

Chapter 1: Introduction:

The work begins with the introductory remarks precisely introducing the subject,
highlighting the evolution of problem and statement of problem outlining the brief remarks over
the entire study, hypothesis and objectives of the study, research questions, research
methodology adopted, limitations of research and the review of literature.

Chapter 2: Antidumping Measures: Concept, Meaning and Dimensions:

Second chapter analyses various theories of International trade. This chapter lays down
the meaning, definition, nature, classifications, types and historical origin of the concept of Anti-
dumping.

Chapter 3: Anti-Dumping Measures- Legislative Framework:

Third chapter lays down the brief overview of International regulatory regime of Anti-
Dumping measures. While tracing the historical background of Anti-Dumping Measures, its
journey from GATT, 1947 to Anti-Dumping Agreement, 1994 has been analysed and briefly
Indian legislative regime in this regard has also been introduced.

Chapter 4: Factors Determining Dumping:

Fourth chapter focuses on the analysis of various factors determining dumping. It

examines various key factors that lead to determination of dumping such as “Normal Value”,
“Constructed Normal Value”, “Export Price”, “Constructed Export Price”, “Ordinary Course of
Trade” and “Like Products” assessment etc.

Chapter 5: Determination of Injury:

 Fifth chapter focuses on determination of the “Injury” under Anti-Dumping Agreement,
1994. An analysis of all the relevant factors in injury determinations has been made together with
various ancillary elements relevant in this regard.

Chapter 6: Anti-Dumping Investigations:

Sixth chapter analyses the process of Anti-dumping investigations, its initiation and
subsequent procedures to be followed until final determination of Anti-Dumping duty. Various
form of reviews of Anti-Dumping measures as provided under ADA have also been analysed
under this chapter.

Chapter 7: Dispute Settlement Mechanism under Anti-Dumping Agreement:

Seventh chapter attempts to address Dispute Settlement Mechanism under WTO and the
remedies available to the parties under these regulations. It also analyse some important judicial
pronouncements in this regard on relevant question of law relating to Anti-Dumping Measures.

Chapter 8: Anti-Dumping Measures under the Customs Tariff Act, 1975:

This chapter is designed to examine the Indian regulatory framework in this regard.
Provisions under the Customs Tariff Act, 1975 and the Anti-Dumping Rules, 1995 made
thereunder have been analysed. In this chapter problems and trends specific to Indian economy
have been discussed and relevant judicial responses have been analysed in this respect.

Chapter 9: Conclusion and Suggestions:

Finally, the study has been devoted to the outcome of this work. While concluding, entire
study is summed up in nutshell and critical observations are made together with relevant
suggestions for reforms both at International and National level.