Trade Policy and Law with Specific Reference to ADM, Practices and Prospects in India

  • Madhvi Rai and Tanya Singh
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  • Madhvi Rai

    LL.M. Student at AIALS, Amity University, Noida, India

  • Tanya Singh

    LL.M. Student at AIALS, Amity University, Noida, India

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Abstract

International trade has become an integral part of the global economy. With the rise of globalization and economic liberalization, the volume of international trade has increased substantially. However, with the increase in the volume of international trade, there has been an increase in the instances of dumping. Dumping is a phenomenon where a country exports goods to another country at a price lower than its domestic price or cost of production. Dumping has a detrimental effect on the domestic industry of the importing country. To counter this, countries impose ADM. The objective of this research paper is to study the concept of ADM and their legislative framework. The research paper aims to analyze the impact of ADM on the international trade and economic welfare of countries. The paper also aims to analyze the dispute settlement mechanism under the Anti-Dumping Agreement of the WTO and the ADM under the Customs Tariff Act, 1975 of India. The research paper provides an overview of the concept of dumping, its economic analysis, classification, objectives, and effects, and the measures to offset dumping, the legislative framework of ADM, including the historical evolution of ADM, the role of the WTO in regulating ADM, and the ADM under the Customs Tariff Act, 1975 of India, including the DA, anti-dumping investigations, retrospective levy of ADD, appeals, and circumvention of ADD. The research paper aims to identify the shortcomings in the existing regulatory framework and proposes suggestions for reforms in the ADA and Indian anti-dumping regulations.

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Research Paper

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International Journal of Law Management and Humanities, Volume 6, Issue 3, Page 1839 - 1859

DOI: https://doij.org/10.10000/IJLMH.115003

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