Agreement On Subsidies And Countervailing Measures India

Introduction to the WTO Guide “Links to Subsidies and Countervailing Measures” in the WTO Guide “Understanding the WTO”. The creation of an Annex VII country category should treat subsidies more liberally. This goal is thwarted, however, because as soon as these countries reach $1,000 in GNP and all these countries will be immediately put on an equal footing with other developed nations. The date of the census of this period for technical reasons should therefore not be used to take the substantive right of a nation`s transition period. India is also actively involved in the negotiation of a number of new agreements, such as the ASCM was created to support the General (GATT) – a precursor to the WTO – with regard to subsidies and exceptional restrictions allowed for developing countries that are beginning to enter international free trade. However, duties and obligations have been extended and concepts such as export subsidies have been defined in terms that are vulnerable to a large number of interpretations. In accordance with GATT 1994, detailed guidance has been established under the specific agreements, which have also been incorporated into the national legislation of WTO member States. Indian law was amended with effect from 1 January 1995 by introducing a procedural framework for the initiation and conduct of trade recovery investigations, the imposition of measures and judicial review. Between 1995 and 2017, India initiated 888 anti-dumping investigations, the highest number among Member States.

In 2017, India initiated 49 anti-dumping investigations and imposed 47 measures. As of March 2019, anti-dumping measures were in force on 139 products from several countries and countervailing duties on two products. In order to improve the accessibility of trade consolidation measures for domestic industry, the GOI merged the authorities responsible for anti-dumping, countervailing and protective investigations into an umbrella institution, the Directorate-General for Trade Disruption Measures. Article XIX of the GATT 1994, in conjunction with the Agreement on Safeguard Measures (SOA), sets out the safeguard principles. According to the OSA, a Member may apply safeguard measures to a product if the Member has found that it is being imported into its territory in absolute quantities or increased in relation to domestic production, that it is causing serious injury to the domestic industry producing identical or like or directly competitive products. Article 9 of the OSA provides for special and differential treatment for developing countries. The Doha Negotiating Section on Subsidies and Countervailing Measures in the Doha Ministerial Declaration argued to India in the Doha Ministerial Declaration that the special and differential treatment provisions of Article 27 of the Agreement on Subsidies and Subsidies still exclude it from the application of the export subsidy ban. However, the parties did not dispute the fact that India had been downgraded from the special and differential treatment provision in which it was originally covered (Article 27(2)(a) and Annex VII(b)), and the Body found that India would not have a new transition period under Article 27, paragraph 2(b) once completed.

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