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Tuesday, Jul 23, 2002

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Industry & Economy - Anti-dumping

Check dumping duty misuse: FICCI

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NEW DELHI, July 22

THE Federation of Indian Chambers of Commerce of Industry (FICCI) has sought the provision of anti-circumvention law under the WTO anti-dumping agreement (ADA) to prevent the growing practices of circumventing anti-dumping duties.

The chamber said that as the anti-dumping duty is levied against a product from only particular source(s) found to be dumping the product and not from all the sources, it is possible to circumvent the duty by supplying the product from third countries against which anti-dumping duties have not be levied.

There are five ways of circumventing the anti-dumping duties, FICCI said. First is the case where the exporter manages to evade anti-dumping duties in the importing country by producing falsified custom declarations concerning origin, tariff classification, etc. Suitable preventive measures that could be taken here is to strengthen the country's surveillance system at the customs and provide adequate training in this regard to custom tariff, the chamber said.

The second way is to export the parts of products subject to anti-dumping duties to the importing country and assembling them there, FICCI said.

The other way is to export the parts of products subject to anti-dumping duties to a third country and assembling them there.

The chamber said that assembling remains the principal form of circumvention and many countries' anti-circumvention laws are designed to prevent assembly form of circumvention.

In such a case the anti-circumvention law of European Union could be useful role model, the chamber said.

The European Commission has adopted a detailed anti-circumvention provision in their 1994 basic regulation and since then it has broadened the anti-circumvention provision to include third-country assembly also. Under the EC law four conditions are listed which must be satisfied to prohibit any imports under anti-circumvention law.

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