World Trade Organization Agreement on Anti-dumping: A GATT/WTO and Indian Legal Perspective

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Author: K. D. Raju

ISBN-10: 9041127801

ISBN-13: 9789041127808

Category: Commercial Law

The WTO Secretariat reports that during the period from 1995 to June 30, 2007 WTO members initiated 3097 anti-dumping investigations. Of these, 474 were put forward by India, which made it the largest user of this measure among WTO Members. The traditional argument of developing countries was that loopholes or absence of clear definitions in the anti-dumping rules have increased the possibility of abuses and discretionary practices against them. Now, many developing countries like India have...

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The WTO Secretariat reports that during the period from 1995 to June 30, 2007 WTO members initiated 3097 anti-dumping investigations. Of these, 474 were put forward by India, which made it the largest user of this measure among WTO Members. The

List of Figures, Flow Charts and TablesTable of GATT Panel CasesTable of Indian CasesTable of WTO CasesCh. 1 The Concept and History of Anti-dumping 1Ch. 2 The Nuts and Bolts of the WTO Anti-dumping Agreement 35Ch. 3 Determination of the Dumping Margin 53Ch. 4 Injury, Threat of Material Injury Test and Causal Link 99Ch. 5 Procedural Issues in Anti-dumping Cases 127Ch. 6 The Standard of Review under the Anti-dumping Agreement 153Ch. 7 The Use of the 'Facts Available' Provision in Anti-dumping Cases 179Ch. 8 Special and Differential Treatment in the ADA 197Ch. 9 The Indian Practice of Anti-dumping 209Ch. 10 Indian Jurisprudence on Anti-dumping 241Ch. 11 Future Directions in Anti-dumping 295App. I Anti-dumping Provisions in the Havana Charter, 1948 325App. II Anti-dumping Provisions in the GATT, 1947 327App. III The Kennedy Round (1963-1967) Anti-dumping 'Code' 331App. IV The Tokyo Round (1973-1979) Anti-Dumping 'Code' 343App. V The Uruguay Round (1986-1994) Anti-dumping Agreement 359App. VI Anti-dumping Provisions in the Indian Customs Tariff Act 1975 387App. VII Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 393Bibliography 411Index 463