DS: India — Anti-Dumping Measures on Imports of Certain Products from the European Communities

This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.


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Complaint by the European Communities.

On 8 December 2003, the EC requested consultations with India concerning certain antidumping measures on imports of 27 products originating in the EC or EC member states.

According to the request for consultations from the EC, India violates its WTO obligations, inter alia, in that:

  • the determination of the effect of the dumped imports on prices does not seem to be based on positive evidence and on an objective examination;
  • the Indian investigating authority did not demonstrate that dumped imports were causing the alleged injury, and failed to examine other known factors and ensure that injury caused by those other factors was not attributed to dumping;
  • the Indian investigating authority did not properly inform interested parties of the relevant essential facts under consideration which formed the basis for the decision to apply the anti-dumping measures and in sufficient time for those parties to defend their interests;
  • the Indian investigating authority did not properly inform interested parties of the reasons why it did not accept evidence or information they had submitted within the investigation procedure;
  • the Indian investigating authority did not satisfy itself during the course of the investigation as to the accuracy of the information supplied by interested parties in particular by their domestic industry;
  • the public notice of information concluding the investigation did not contain all relevant information on the matters of fact and law and reasons which led to the imposition of the anti-dumping measures.

The EC considers that these Indian measures are inconsistent with: Article VI:1 of GATT 1994; Articles 1, 3.1, 3.2, 3.5, 6.6, 6.8 (including Annex II), 6.9 and 12.2 of the Anti-Dumping Agreement.

On 19 December 2003, Turkey and Chinese Taipei requested to join the consultations. On 22 January 2004, India accepted both requests.


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