Circumvention of anti-dumping duties is a problem many countries have faced in the past, which is why despite the absence of multilateral rules, many ended up enacting separate rules to deal with various kinds of circumvention practices. India incorporated anti-circumvention rules in its anti-dumping laws in 2011 and has conducted four investigations since then, all leading to imposition.
This book will be the first attempt to discuss and analyse all these investigations, offer a comprehensive commentary on the rules and compare Indian practice with the best international practices. With an in-depth discussion on both theory and practice of EU, us, Australia and India, The objective is to introduce a handbook for both legal practitioners and the industries around the world to be better equipped for challenges likely to arise in future.
From a policy perspective, It suggests legal reforms in the domestic and international regimes in order to offer solutions to address the economic, legal and philosophical debates surrounding circumvention. After having delved into a detailed discussion on all three debates by assessing anti-circumvention in the ‘free trade-protectionism’ spectrum, the law and practice of some experienced countries and internal loopholes in the Indian provisions in the first three parts respectively, it discusses the external issue of compliance of these rules in some jurisdictions with the WTO framework and concludes with best alternatives, suggestions and solutions for both India and the world to consider.
