The “Public Interest Test” In Indian Anti- Dumping Law: Discrepancy Between The DGTR & The Ministry Of Finance
- IJLLR Journal
- 1 hour ago
- 1 min read
Asad Daniyal Akhtar, LL.M., NALSAR University of Law
ABSTRACT
India’s anti-dumping regime functions through a dual-authority framework: the Directorate General of Trade Remedies (“DGTR”) investigates and recommends anti-dumping duties, while the Ministry of Finance (“MoF”) decides whether to impose them. This structure has produced a widening gap in how “public interest” is interpreted. The DGTR’s economic analysis focuses on protecting the domestic industry. At the same time, the MoF adopts a broader macroeconomic and political approach. Often rejecting DGTR recommendations on public-interest grounds. This divergence has generated uncertainty, undermined transparency, and raised constitutional and WTO-compliance questions. This article critically examines the origins and legal foundations of the public interest test. It contrasts the DGTR’s and MoF’s methodologies and compares India’s framework with those of the European Union and the United States. It proposes a structured reform agenda to codify public-interest criteria and institutionalise consultation between the two bodies, ensuring a balance between domestic protection, consumer welfare, and broader economic stability.
