Dumping is defined in the Agreement on Implementation of Article VI of the GATT 1994 (the Agreement) as the introduction of a product into the commerce of another country at less than its normal value. Under the Agreement, WTO Members can impose anti-dumping measures, if after investigation in accordance with the provisions of the Agreement, a determination is made:
"that dumping is occurring, that the domestic industry producing the like product in the importing country is suffering material injury, and that there is a causal link between the two."
In addition to substantive rules governing the determination of dumping, injury and causal link, the Agreement sets forth detailed procedural rules for the initiation and conduct of investigations, the imposition of measures, the duration and review of measures.
Our Services
Our experienced team have been providing Anti-Dumping services to companies is a number of jurisdictions for nearly two decades. The Directors have served the clients from various countries including China, India, Malaysia, Indonesia, South Korea, Thailand, Taiwan and Pakistan before the Anti-Dumping authorities from various jurisdictions including Turkey, European Union, Canada, GCC and Pakistan. Their sectorial experience spans over Iron and Iron and Steel, Chemicals & Petrochemicals, Paper and Paperboard, Packaging, Textile, Beverage Cans, Cement, Tiles & Sanitary Ware and Stationary & Educational Instruments. Over the period, we have developed expert knowledge on various issues relating to dumping/Anti-Dumping. Our experts keep our clients up to date on the developments that affect their business, help them interpret their significance and integrate product life cycle considerations into our clients’ business strategy. Our Anti-Dumping consultancy services include but not limited to:
Services for the domestic industries (complainants):The Agreement on Subsidies and Countervailing Measures (“SCM Agreement”) addresses two separate but closely related topics: multilateral disciplines regulating the provision of subsidies and the use of countervailing measures to remove the injury caused by subsidized imports.
Multilateral disciplines are the rules regarding whether or not a subsidy may be provided by a Member. These are enforced through invoking the WTO dispute settlement mechanism. More precisely, certain subsidies are prohibited and some other specific subsidies may be challenged if these cause adverse effects to the interests of other Members. Definition of the term “subsidy” contains three basic elements:
All three of these elements must be satisfied in order for a countervailable subsidy to exist.
Countervailing measures are a form of unilateral remedy, but it may only be applied by a Member after an investigation by that Member and a determination that the criterion set forth in the SCM Agreement are satisfied. The substantive criteria requires a Member not to impose a countervailing measure unless it determines that there are subsidized imports, injury to a domestic industry and a causal link between the subsidized imports and the injury. In-depth procedural requirements regulate the conduct of countervailing investigations and the imposition and maintenance of countervailing measures. A failure to respect either the substantive or procedural requirements can be taken to dispute settlement and may be made the basis for invalidation of the measure.
Our Services
In the area of subsidies and countervailing measures, the range of our services includes:
Services for the domestic industries (complainants):The Agreement on Safeguards (“SG Agreement”) sets forth the rules for application of safeguard measures pursuant to Article XIX of GATT 1994. Safeguard measures are defined as “emergency” actions with respect to increased imports of a particular product, where such imports have caused or threaten to cause serious injury to the importing Member’s domestic industry (Article 2). Such measures, which in broad terms take the form of suspension of concessions or obligations, can consist of quantitative import restrictions or of duty increases to higher than bound rates. This is one of the three types of contingent trade protection measures, along with anti-dumping and countervailing measures, available to WTO Members.
The guiding principles of the Agreement with respect to safeguard measures are that such measures must be temporary; that they may be imposed only when imports are found to cause or threaten serious injury to a competing domestic industry; that these measures (generally) be applied on a non-selective (i.e. most-favoured-nation, or “MFN”) basis; that those be progressively liberalized while in effect; and that the Member imposing the measures (generally) must pay compensation to the Members whose trade is affected. Thus, safeguard measures, unlike anti-dumping and countervailing measures, do not require a finding of an “unfair” practice and generally must be applied on MFN basis. In its own words, the SG Agreement, which explicitly applies equally to all Members, aims to:
Our Services
We also provide services to our clients relating to safeguard measures. When domestic industry of KSA / GCC is threatened to face serious injury due to sudden surge of imports of a particular product. We have the expertise to complete the challenging assignments in stipulated time period. The services include but not limited to:
Services for the domestic industries (complainants):Responding various queries of the Investigating Authority during the investigation.