NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLE 18.5 OF THE AGREEMENT

Questions Posed by Ukraine Regarding THE AMENDMENTS
TO the ANTIDUMPING LEGISLATION of INDIA

The following communication, dated 3 April 2017, is being circulated at the request of the Delegation of Ukraine.

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Ukraine would like to pose the following questions to India regarding its notifications of laws and regulations under Article 18.5 of the WTO Agreement on Implementation of Article VI of the GATT 1994.

Question 1

According to Article 18.5 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (hereinafter – the Antidumping Agreement), each Member shall inform the Committee of any changes in its laws and regulations relevant to this Agreement and in the administration of such laws and regulations.

According to notifications of India under Article 18.5 of the Antidumping Agreement India made amendments to its anti-dumping legislation in 1996, 1999, 2001, 2006, 2011 and 2015.

Along with this, the Customs tariff (Identification, Assessment and Collection of Antidumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, published on the official web-site of the Directorate General of Anti-Dumping and Allied Duties^[1] includes amendments made in 2002 and 2003: Notification No. 1/2002-Cus. (N.T.), dated 04.01.2002 and Notification No. 101/2003-Cus. (N.T.), dated 10.11.2003.

Would India please clarify whether those amendments were adopted and whether the Committee was informed on changes in India's laws or regulations?

Question 2

According to the Paragraph 8 of the Annexure I of the Customs tariff (Identification, Assessment and Collection of Antidumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, published on the official web-site of the Directorate General of Anti-Dumping and Allied Duties there is a list of 17 countries, which are considered by the investigating authority of India to be non-market economy countries.

Along with this, according to Customs Notification (NT) No. 1/2002 dated 4.1.2002^[2] the amendment to Customs tariff Rules eliminated the list of non-market economy countries.

Would India clarify if there is a list of non-market economy countries in the anti-dumping legislation currently in force?

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