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CESTAT appeals and stay applications under Section 9C of the Customs Tariff Act, 1975. DGTR investigations, anti-circumvention proceedings, sunset reviews and new-shipper reviews. Producer-exporter and domestic-industry representation.
Anti-dumping and trade-remedies practice operates at the intersection of Indian customs law, WTO law and the procedural framework of the Directorate General of Trade Remedies. The work covers anti-dumping investigations, anti-subsidy investigations, safeguard investigations, anti-circumvention reviews and sunset reviews. The firm acts for foreign producer-exporters facing investigation, importers seeking to defend against anti-dumping duty, and domestic-industry petitioners seeking remedy.
The substantive law is the Customs Tariff Act, 1975 (Sections 9, 9A, 9B and 9C), the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty) Rules, 1995 and the WTO Agreement on Implementation of Article VI of GATT 1994.
The anti-dumping investigation is decided in the questionnaire response. The CESTAT appeal turns on what was filed there.
Original investigations under Rule 5; questionnaire responses, on-site verification, public hearings and the disclosure statement.
Appeals to the Customs, Excise and Service Tax Appellate Tribunal against the final findings.
Investigations into changes in the pattern of trade alleged to circumvent anti-dumping duty.
Substantive challenges based on inconsistency with the WTO Anti-Dumping Agreement.
The DGTR investigation begins with a petition by domestic industry, proceeds through initiation, questionnaire responses by interested parties, on-site verification of producer-exporter responses, public hearings, the disclosure statement and the final findings. Each stage has procedural protections that the firm enforces actively.
Section 9C of the Customs Tariff Act provides for an appeal to the Customs, Excise and Service Tax Appellate Tribunal against the final findings and the duty notification. The CESTAT appeal is the principal route for substantive challenge to anti-dumping determinations. The firm's CESTAT practice covers stay applications, substantive arguments on dumping margin computation, injury analysis, causal link, and procedural challenges based on departures from the AD Rules.
Anti-circumvention investigations under Rules 25–30 of the AD Rules examine whether changes in the pattern of trade — minor modifications, third-country routing, parts assembly — circumvent the anti-dumping duty.
Substantive challenges to anti-dumping determinations frequently invoke inconsistency with the WTO Anti-Dumping Agreement. The firm's WTO arguments cover the interpretation of "domestic industry" under Article 4, "like product" under Article 2.6, the dumping-margin computation under Article 2, the injury analysis under Article 3, and the cumulation analysis under Article 3.3.