Non-Speaking Approach of Central Government on Anti-Dumping Issues (Right to Appeal ~ A Trending Fallacy?)
NITYA Tax Associates is proud to present their recent write-up in the ‘Article’ series on trending ‘International Trade Law issues’. A gist of next article in the series is as under:
Article 2 – “Non-Speaking Approach of Central Government on Anti-Dumping Issues (Right to Appeal ~ A Trending Fallacy?)”
Anti-Dumping Duty (‘ADD’) is imposed to check unfair imports from a target country which are exported at a price lower than home market price of target country. Directorate General of Trade Remedies (‘DGTR’) follows a thorough and thought-through investigative procedure which concludes upon issuance of recommendation published by DGTR, namely ‘Final Findings’. The Final Findings, containing the quantum of ADD and reasons behind the recommendation, are merely recommendatory in nature and it is the Central Government (through Ministry of Finance) which determines the levy / non-levy of ADD vide its ‘order of determination’.
As opposed to the customary practice, where the Central Government used to levy ADD in all the scenarios of Positive Final Findings, the wind has now changed its course over the past 2 years, wherein number of Positive Final Findings are getting rejected without any justification from Ministry of Finance. This is having serious implications on Right to Appeal due to non-issuance of an appropriate order in case of Positive Final Finding.
Through this article, Our Associate Partner, Mr. TD Satish, Senior Research Associate, Ms. Parul Gupta and Associate, Mr. Mohit Pugalia have examined the issue in detail and highlighted the unexplored grey areas likely to arise due to the non-speaking approach of the Central Government with respect to levy/non-levy of ADD.
Please click on the below link to read our latest article titled “Non-Speaking Approach of Central Government on Anti-Dumping Issues (Right to Appeal ~ A Trending Fallacy?)“.