Trade and customs—India—Q&A guide [Archived, 2020 edition]

The following Commercial practice note provides comprehensive and up to date legal information covering:

  • Trade and customs—India—Q&A guide [Archived, 2020 edition]
  • 1. What is the main domestic legislation as regards trade remedies?
  • 2. In general terms what is your country’s attitude to international trade? Has it raised tariffs in the last year?
  • 3. Which authority or authorities conduct trade defence investigations and impose trade remedies in your jurisdiction?
  • 4. What is the procedure for domestic industry to start a trade remedies case in your jurisdiction? Can the regulator start an investigation ex officio?
  • 5. What is the procedure for foreign exporters to defend a trade remedies case in your jurisdiction?
  • 6. Are the WTO rules on trade remedies applied in national law?
  • 7. What is the appeal procedure for an unfavourable trade remedies decision? Is appeal available for all decisions? How likely is an appeal to succeed?
  • 8. How and when can an affected party seek a review of the duty or quota? What is the procedure and time frame for obtaining a refund of overcharged duties? Can interest be claimed?
  • 9. What are the practical strategies for complying with an anti-dumping/countervailing/safeguard duty or quota?
  • More...

Trade and customs—India—Q&A guide [Archived, 2020 edition]

This Practice Note contains a jurisdiction-specific Q&A guide to trade and customs in India published as part of the Lexology Getting the Deal Through series by Law Business Research (published: May 2020).

Authors: L&L Partners—Gunjan Mishra; Ashish Chandra; Saurabh Tiwari; Tanvi Praveen

1. What is the main domestic legislation as regards trade remedies?

Anti-dumping and countervailing duty investigations

The Customs Tariff Act 1975 (the Act) governs the conduct of anti-dumping (AD) (including anti-circumvention investigations), anti-subsidy and safeguard duty investigations, while the Foreign Trade (Development and Regulation) Act 1992 (the Foreign Trade Act) regulates safeguard measures in the nature of quantitative restrictions (QRs). See www.dgtr.gov.in. In addition to the same, the Finance Act 2020 has amended the Act to expand the scope of safeguard measure wherein in addition to provisions for imposing a safeguard duty, the provisions now also provide for application of a tariff-rate quota (TRQ) or such other measure as may be considered appropriate. Further, as the provisions under the Foreign Trade Act have not yet been amended or omitted, therefore, currently, the provisions for 'quantitative restrictions' in the Foreign Trade Act and the provision for 'tariff rate quota and such other measures' in the Act, as amended by Finance Act 2020, co-exist parallelly.

The conduct and imposition of duty in AD and countervailing duty (CVD) investigations are governed by the Act

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