Article
De-minimis dumping margin: Termination of an anti-dumping investigation?
By Harsh Mittal
The article in this issue of International Trade Amicus discusses the recent decision of the DGTR terminating the original investigation concerning imports of ‘Plain Medium Density Fibre Board having thickness 6mm and above’ produced by Kim Tin MDF Joint Stock Company, Vietnam. The DGTR terminated the investigation observing that the purpose would be served by undertaking a review under Rule 23 of the Anti-dumping Rules rather than conducting a fresh investigation. The DGTR noted that the investigation against Kim Tin was not terminated in the previous investigation when the dumping margin of this party was determined as de-minimis. The article notes that the DGTR has, vide its Termination Order, overturned its observations made in the Initiation Notification. The author notes also notes that while WTO’s Anti-dumping Agreement and the Indian anti-dumping Rules, both, are silent as to whether the finding of de-minimis margin has to be in respect of the subject country being investigated or in respect of the particular producer, or both, practice across different WTO members is different. According to the author, DGTR’s Termination Order makes it clear that there where de-minimis margin has been determined against a particular party, the proper procedure is to seek a review under Rule 23...
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