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Concern over anti-dumping measures 

S Venkitachalam  
New Delhi, Nov 23: On the eve of the Seattle Round, India is rather concerned over what it calls abuse by the western world of the anti-dumping agreement to deny it greater market access.

The frequent use of anti-dumping investigations by developed countries is one of the major implementation issues that will be raised by India and other developing countries at the conference.

The move would halt the momentum of trade liberalisation in developing countries, India has warned in a paper recently submitted to the WTO General Council.

India is also worried about the initiation of "back-to-back" anti-dumping investigations on the same products by developed countries.

In effect, back-to-back dumping investigations imply starting of new probes on the same products immediately after the termination of the previous ones.As a signatory to the anti-dumping agreement, India fears that the uncertainty and restrictiveness of these measures have created trade disruption affecting not only particular consignments but also longer-term trade in the targeted product.

To restrict the initiation of back-to-back investigations, India has demanded that no investigations be started for a period of 365 days from the date of finalisation of a previous one for the same product resulting in non-imposition of duties.

If however for any exceptional reasons such an investigation has to be initiated it must have the support of at least 75 per cent of the domestic industry,the paper has said.

Further, the existing de minimus dumping margin of two per cent of export price below which no anti-dumping duty can be imposed, needs to be raised to 5 per cent for developing countries so as to reflect the inherent advantages that the industries in these countries enjoy vis-a-vis comparable production in developed countries.

Apex chambers of commerce such as Ficci are also fully in agreement with this proposal.

In fact, Ficci suggests that a cell be created within the WTO to provide assistance-financial and technical -- to developing countries affected by anti-dumping investigations for they find the cost of contesting these measures in courts prohibitive.

The paper also wants the proposed de minimus dumping margin of 5 per cent to be applied in new as well as refund and review cases. In its view, the threshold volume of dumped imports which shall normally be regarded as negligible should be increased from the existing three per cent to five per cent for imports from developing countries.

Moreover, the stipulation that anti-dumping action can still be taken even if the volume of import is below this threshold should be deleted. This will arise in cases where countries which individually account for less than the threshold volume collectively account for more than 7 per cent of the imports.

Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.

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