International Trade has been liberalized under GATT and other agreements under WTO regime. There is a further liberalization of cross boundary trade at regional levels by entering into various regional preferential trade agreements. With liberalized cross border trade a number of domestic industries are complaining injury on account of increased imports and are seeking higher duty on the imports. The WTO agreements as an exceptional measure permit imposition of Anti Dumping duty, Safeguards Duty and Countervailing Duty as the case may be for the protection of domestic industry. These three exceptional taxes are meant for three different situations which are mutually exclusive.
While in the case of Anti Dumping Duty there is an alleged foul play on the part of exporter and in the case of countervailing duty an alleged foul play on the part of exporting country, there is no alleged foul play on the part of exporter or exporting country in the case of safeguards duty. Thus safeguards duty is imposed purely for the protection of domestic industry on a no fault principle.
We have successfully handled a number of cases in the above arena for imposition of duty as well as opposing the imposition of duty. Mr. Pramod Rai, Managing Partner of the firm is considered to be an authority on these laws. He has also written a book – Anti-Dumping Measures in India (A User Manual).