Trade Remedies Advisory- India FAQs
- What are trade remedies and what do they cover?
Trade remedies are legal mechanisms permitted under WTO agreements to protect domestic industry from: dumped goods (priced below normal value in the exporting country, under the WTO Anti-Dumping Agreement), subsidised goods (under the WTO Agreement on Subsidies and Countervailing Measures), and import surges causing serious injury (under the WTO Agreement on Safeguards). India implements all three through the Customs Tariff Act 1975, administered by the DGTR.
- What is the Directorate General of Trade Remedies and how does it function?
The DGTR, established in May 2018 under the Department of Commerce, Ministry of Commerce and Industry, is India’s single-window authority for trade remedy investigations. It conducts anti-dumping, countervailing duty, and safeguard investigations, makes recommendations to the Ministry of Finance, and CBIC issues implementing duty notifications. DGTR proceedings are quasi-judicial — all parties have the right to participate, submit evidence, and be heard.
- How does ATB Legal advise domestic industry on trade remedy petitions?
ATB Legal advises domestic manufacturers on whether their situation meets the legal threshold for a DGTR petition — including the 25% domestic production standing requirement, the evidentiary standards for dumping or subsidisation, and the injury indicators required. We assist in assessing petition viability and structuring supporting documentation.
- What should an importer do when a DGTR investigation is initiated on goods they source?
An importer sourcing goods under active DGTR investigation should respond to questionnaires accurately and within time, maintain commercial documentation supporting declared export prices, and monitor provisional and final duty notifications through CBIC. Provisional anti-dumping duties may be imposed within 60 days of initiation and have immediate effect on landed costs.
- What is CESTAT’s role in trade remedy disputes?
CESTAT has appellate jurisdiction over anti-dumping, countervailing duty, and safeguard matters under Section 9C of the Customs Tariff Act 1975. Appeals against DGTR final determinations lie to CESTAT’s dedicated Anti-Dumping Bench. From CESTAT, further appeals on questions of law lie to the High Court.
- What is a sunset review and how does it affect existing anti-dumping duties?
Anti-dumping and countervailing duties are typically imposed for five years. Before expiry, the domestic industry may petition the DGTR for a sunset review — an investigation into whether the duty’s expiry would likely lead to continuation or recurrence of dumping and injury. If the DGTR recommends continuation, the duty may be extended for a further five years. ATB Legal provides sunset review monitoring for importers and exporters.