75_azad
Shri Narendra Modi
Shri Narendra Modi
Prime Minister of India
International Trade
RULES – Rules Negotiations
Rules Desk in TPD deals with
Issues relating to the following WTO Agreements on Trade Remedies

Agreement on Anti-Dumping

14 February 2020 Size: 141kb, Format: .pdf

The Agreement on Subsidies and Countervailing Measures

19 February 2020 Size: 231kb, Format: .pdf

The Agreement on Safeguards

19 February 2020 Size: 67kb, Format: .pdf

     

  • Multilateral and Bilateral Negotiations related to these Agreements
  • Inputs for India’s submissions in the trade remedial actions taken by other WTO member countries.
Trade Remedial Actions
  • Actions against India:
    • Anti Dumping Measures at Table 2.1
    • Countervailing Measures at Table 2.2
    • Safeguard Measures at Table 2.3

In case of Anti-Dumping (AD) and Safeguards (SG) actions, the main respondents are the exporters themselves and in case of countervailing duties (CVD), it is primarily the Government authorities (both the Central and the State Governments) and the exporters. In the former case, the Government of India initiates action when there are certain inconsistencies brought before it on the domestic industry petition or the findings of the investigating authorities of the member countries.

Sometimes the penultimate duties are on account of non co-operation, misrepresentation, lesser co-ordination between the exporters and the Government authorities, ignorance, lack of information, lack of awareness of the rights and obligations under the WTO agreements, insufficient capacity for systematic and timely replies (particularly for SMEs who are mostly imposed with the high residual duty) etc.

Industry Outreach Program: As a part of capacity building for proper and timely response and defence in such cases at all stages of the investigation, Industry Outreach programs have been initiated by the Department of Commerce. Two such programs were conducted at Mumbai, in February, 2014 and at Ahmedabad, in April, 2014. Further programs are in the pipeline.

  • Actions by India can be accessed at the following links
    • Anti Dumping Measures
    • Countervailing Measures
    • Safeguard Measures
Rules Negotiations
  • Negotiations have been held, as per mandates of the ongoing Doha Declaration, for clarifying and improving disciplines under the Anti-Dumping Agreement (ADA) and the Agreement on Subsidies and Countervailing Measures (ASCM), while preserving the basic concepts, principles and effectiveness of these agreements and their instruments and objectives. Consensus has been elusive on a number of issues.
  • India has been seeking for strengthening of rules in Anti Dumping such as to prohibit the use of zeroing in dumping margin calculation, strong disciplines on conduct of sunset review including automatic sunset review after certain agreed period etc. India had also moved proposal for mandatory application of lesser duty.
  • n the Subsidies Agreement, India has argued for policy space for the developing countries keeping in mind their specific developmental needs. As before, developing countries who have been the victim of trade remedies, particularly the anti-subsidy duty being imposed by the developed countries, need more policy space to meet its minimum policy objectives.
  • Members have also been discussing new disciplines on fisheries subsidies. In the Fisheries Subsidies negotiations, discussions on subsidies covered by the prohibited list, general exceptions, special and differential (S&D) treatment to developing countries, general disciplines, fisheries management, transparency notification requirements, dispute settlement, implementation and transition rules have been held. India has been seeking effective special and differential treatment for the developing countries in the light of employment and livelihood concerns for small, artisanal fishing communities and for retaining sufficient policy space to enable developing countries to develop their infrastructure. India’s position safeguards the interests of fishermen in the coastal regions as well in the EEZ. On special and differential treatment for developing countries, consensus has been elusive on the extent and scope of the S&D.
  • WTO documents: Draft consolidated Chair texts on the product of the work in Rules Negotiating Group (WTO document TN/RL/W/254 of 21 April 2011)
    • Working Document from the Chairman
    • Annex-A Anti-dumping
    • Annex-B Subsidies and Countervailing Measures
    • Annex-C Fisheries Subsidies
    • Draft consolidated chair texts of the Anti Dumping and Subsidies and Countervailing measures Agreements (WTO Document TN/RL/W/213 of 30 Nov. 2007)
    • New Draft consolidated chair texts of the Anti Dumping and Subsidies and Countervailing measures Agreements (WTO Document TN/RL/W/236 of 18 December. 2008)
    • Doha Declaration
  • Papers /Proposals / Submissions related to Rules Negotiations as submitted by India to the WTO are available here.
India’s Disputes related to ADA, ASCM and SG
  • With respect to the ADA, India’s disputes can be found here.
  • With respect to the ASCM, India’s disputes can be found here.
  • With respect to the SG Agreement, India’s disputes can be found here.