Negotiating Group on Rules - Proposal on Mandatory Application of Lesser Duty Rule - Communication from India
- India
- 2006/04/24
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World Trade
Organization TN/RL/W/170
9 February 2005
(05-0536) Negotiating Group on Rules Original: English
Proposal on Mandatory Application of Lesser Duty Rule
Communication from India
The following communication, dated 9 February 2005, is being circulated at the request of the Delegation of India.
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1. The Anti-Dumping Agreement envisages that the anti-dumping duty shall not exceed the margin of dumping as established under Article 2 of the Agreement. However, Article 9.1 leaves it to the discretion of the authorities of the importing Member whether or not to impose an anti-dumping duty in cases where all requirements for the imposition have been fulfilled and whether the amount of anti-dumping duty to be imposed shall be the full dumping margin or less. Article 9.1 further states that the duty may be less than the margin if such lesser duty would be adequate to remove the injury to the domestic industry.
2. The “lesser du