Journals / Uluslararası Ticaret ve Tahkim Hukuku Dergisi / 2016 / Cilt: 5 - Sayı: 1
INDIA'S FIRST COUNTERVAILING DUTY DETERMINATION: DOES INDIA LIVE UP TO THE EXPECTED INTERNATIONAL STANDARDS?
- Pages
- 221–251
- DOI
- —
Abstract
This article explores the most recently issued final findings by India in a countervailing duty investigation against certain products from Chinathe first ever to be issued by India, a country which has otherwise been a very heavy user of anti-dumping measures against products from China. First providing a contextual background to countervailing duty investigations and anti-dumping investigations, the article then critically examines the final findings from the perspective of the subsidies disciplines prescribed under the Wold Trade Organization. The article also attempts to speculate on the strategic value behind this investigation and using the Indian example, poses a question(s) of systemic importance on the interplay between the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 and the Agreement on Subsidies and Countervailing Measures. Although not attempting to provide an answer to the posed question(s), this article brings out the importance behind the question, especially given the Accession Protocol of China to the Wold Trade Organization.
Özet
This article explores the most recently issued final findings by India in a countervailing duty investigation against certain products from Chinathe first ever to be issued by India, a country which has otherwise been a very heavy user of anti-dumping measures against products from China. First providing a contextual background to countervailing duty investigations and anti-dumping investigations, the article then critically examines the final findings from the perspective of the subsidies disciplines prescribed under the Wold Trade Organization. The article also attempts to speculate on the strategic value behind this investigation and using the Indian example, poses a question(s) of systemic importance on the interplay between the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 and the Agreement on Subsidies and Countervailing Measures. Although not attempting to provide an answer to the posed question(s), this article brings out the importance behind the question, especially given the Accession Protocol of China to the Wold Trade Organization.