Analysis Of Article VI Of GATT And WTO Anti- Dumping Agreement: An Indian Perspective
- IJLLR Journal
- 26 minutes ago
- 2 min read
Basavaprabhu Rampur, School of Law, Christ (Deemed to be University). Bengaluru
ABSTRACT
This comprehensive research paper examines Article VI of the General Agreement on Tariffs and Trade (GATT) 1994 and the WTO Agreement on Implementation of Article VI (Anti-Dumping Agreement or ADA) from an Indian legal and policy perspective, analyzing their implementation, constitutional framework, and effectiveness in protecting domestic industries against unfair trade practices. The study adopts a doctrinal research design, combining statutory interpretation, case law analysis, and WTO jurisprudential review. The research employs comparative legal methodology to evaluate Indian anti-dumping practices against international standards and other comparable jurisdictions. Objectives are achieved through systematic examination of primary legal texts, including GATT Article VI, WTO ADA Articles 1-17, and India's domestic legislative framework under the Customs Tariff Act, 1975. GATT Article VI, originating in 1947 and retained in the GATT 1994 framework, establishes the foundational principle that countries may impose anti-dumping duties to counteract product dumping causing material injury to domestic industries. The WTO ADA, established during the Uruguay Round negotiations and effective since January 1, 1995, provides procedurally rigorous standards governing investigations, damage determination, and duty administration. In India, the domestic anti-dumping regime is codified in Sections 9A-9C of the Customs Tariff Act, 1975, operationalized through the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty) Rules, 1995, and administered by the Directorate General of Trade Remedies (DGTR), an attached office of the Department of Commerce. This research reveals that India has emerged as one of the world's most active users of anti- dumping measures post-WTO accession, initiating over 1,200 investigations since 1995, with 43 new investigations in 2024 alone. India's experience demonstrates robust doctrinal alignment with GATT/WTO standards, yet practical implementation challenges persist regarding injury causation analysis, public interest assessment, and procedural transparency. Judicial interventions by Indian courts have strengthened WTO compliance, particularly through strict interpretation of dumping margin calculations and retrospective duty limitations. While India's anti-dumping framework ostensibly complies with GATT Article VI and WTO ADA standards, significant divergences exist in actual implementation practices, particularly concerning the sufficiency of injury evidence, the independence of public interest determinations, and retrospective duty assessments. These gaps create exposure to WTO dispute settlements and inconsistent protection for domestic industries across sectors.
This paper provides a contemporary, comprehensive analysis integrating recent Supreme Court judgments (2018-2025), DGTR administrative practices, and WTO Appellate Body jurisprudence regarding India-related disputes. The originality lies in synthesizing these elements to identify institutional gaps and proposing doctrinal and procedural reforms for harmonizing India's anti-dumping regime with evolving WTO standards while safeguarding legitimate development objectives.
Keywords: GATT Article VI, WTO Anti-Dumping Agreement, India anti- dumping regime Customs Tariff Act, WTO dispute settlement.
