Anti Dumping Regulations - Radhika
Anti Dumping Regulations - Radhika
Anti Dumping Regulations - Radhika
A Boon or Bane
Radhika Joshi
Although India hasn’t been too heavily accused of dumping products in the foreign
market, it has been subject to heavy dumping from other countries and is in fact the
largest user of antidumping measures1 in the world (between 1995 and 2004) in terms
of absolute numbers of definitive measures imposed. While there can be no clear cut
decision on whether antidumping duty on a product brings overall benefits to the
economy as a whole, there can be no doubt that excessive use of antidumping duty is
bound to be harmful to the economy in the long run.
So the question that arises is what exactly is excessive use? On one hand, it has been
proven that in some (genuine) cases, antidumping protection is in fact quite a practical
option if domestic industries of the importing country are to survive. On the other, one
may argue that for a developing country like India, which has adequate natural
resources, semiskilled and unskilled labour, are these protectionary measures required?
Infrastructure is improving rapidly. As such, one would expect that the manufacturing
sector should be able to compete well with industries in other parts of the world. So
why have so many antidumping cases been approved during last fifteen years. What
has caused the sudden rise in the number of anti dumping cases? Is it mere
protectionism on behalf of few strong entrepreneurs or is the economy benefiting on
the whole?
This paper reviews the rationale for imposing anti dumping duty, the procedures for
application, criteria for imposing a duty, justifications for the regulation and
repercussions of the duty. Finally it examines whether the economy is actually
1
Directorate General Trade of the European Commission
♦ Introduction
♦ Historical Perspective of Anti- Dumping
♦ Why do firms dump?
Dumping, is a pricing practice where a firm charges a lower price for exporting goods
than it does for the same goods sold domestically. It is said to be the most common
form of price discrimination in international trade. Dumping can only occur at places
where imperfect competition and where the markets are segmented in a way such that
domestic residents cannot easily purchase goods intended for export. It is a subtle
measure of protection which comes under the non-tariff barriers and is product and
source specific. Antidumping duties were initiated with the intention of nullifying the
effect of the market distortions created due to unfair trade practices adopted by
aggressive exports. They are meant to be remedial and not punitive in nature.
Although dumping does benefit the consumers of the importing country in the short
run, it is harmful to the domestic producers as their products are unable to compete
with the artificially low prices imposed by the imported goods. As a method of
protection to the domestic industries, anti dumping duties are thus levied on the
exporting country which has ibeen accused of dumping goods in another country. As
the antidumping duty is only meant to provide protection to the domestic firms in the
initial stages, as per the international laws, the antidumping legislations may last for a
maximum period of five years.
2
Antidumping measures are of two kinds:
Antidumping duty: This is imposed at the time of imports, in addition to other customs
duties. The purpose of antidumping duty is to raise the price of the commodity when
introduced in the market of the importing country.
Price undertaking: If the exporter himself undertakes to raise the price of the product
then the importing country can consider it and accept it instead of imposing
antidumping duty.
It is commonly perceived that anti dumping legislations have been enforced only in the
past twenty years, after it was internationally discussed in the Doha ministerial
2
Rai Sheela, Dumping and Antidumping. Accessed online on 10 July 2006 at
http://www.centad.org/relatedinfo13.asp
The items for which the anti dumping legislation was applied ranged from false teeth to
machinery and equipment intended for exclusive use in alluvial gold mining. The
application of the duty was limited to goods which were produced in
Canada; and provisions were made for the exemption of goods from the special duty if
the domestic supply conditions were found to be inadequate. Further, no injury test
was conducted to determine the dumping margin. Instead, special duty was set at the
difference between the selling price in Canada and the "fair market value", where the
latter was identified with the value of the goods for purpose of application of the ad
valorem tariff.
The difference however, between pre- and post-1980 antidumping policy was that in
the past, most antidumping complaints did not result in the imposition of import
duties. Today's antidumping cases are much more likely to be successful. This change
has been brought largely because of the formation and widespread acceptance of the
WTO in the proceedings of international trade.
Dumping occurs when firms start using price discrimination as a strategy for profit
maximisation. The conditions mandatory for dumping to take place are
- Presence of an imperfect market where price discrimination between markets is
possible. (Because in imperfect market firms are price setters not price takers).
- Segmented markets where there is no arbitrage easily possible between markets.
3
Cuiriak Dan, Anti-dumping at 100 Years and Counting:A Canadian Perspective. Access online on 14 July
at http://www.fordschool.umich.edu/rsie/Conferences/ADSym/Ciuriak.pdf
In the export market, individual firms have lesser monopoly power and hence choose
to keep prices lower in foreign markets while charging higher prices for domestic
markets. This can also be explained through the price elasticity of demand for goods.
In areas where the demand is price inelastic, producers tend to charge a higher price.
This is said to be the case in domestic markets. In foreign markets, price elasticity of
demand is elastic and hence prices are low. Thus, if there is high elasticity on export
sales than on domestic sales, firms will dump.
Anti Dumping Duty – Need and Relevance
Trade is increasingly being seen as a means of achieving economic development.
Ricardo’s theory of comparative advantages clearly predicts that only trade
liberalisation will ensure more efficient use of all recourses which would help
underdeveloped and developing countries free themselves from the shackles of
poverty. Genuine Trade Liberalisation is possible only if more and more economies
participate in free trade rather than keep protecting their markets.
But free trade also implies distortion and exploitation. Free trade, which is unfair could
undermine and distort competitive and well-functioning markets, leading to
inefficiencies. Putting in place a system by which countries can punish such activity
with duties to counteract these unfair trade practices, (similar to allowing countervailing
duties on export subsidies) seems reasonable. Some of these protectionary measures
available to developing countries are:
Tariffs
Tariff, which is the simplest form of protection, is a tax levied on goods when they are
imported. Tariffs are either specific (i.e. fixed amount per unit of the commodity) or ad
valorem (which are taxes levied as a fraction of the total value of the imports). In
either case, tariff results in a higher price of the commodity for consumers of the
importing country. It also means higher revenue for the government. Recently, the use
Quotas
Quotas are quantitative limits places on the importation of specified commodities4 for a
specified period of time. An import quota is typically set below the free trade level of
imports, in which case it is called a binding quota. If a quota is set at or above the free
trade level of imports then it is referred to as a non-binding quota. Goods that are
illegal within a country effectively have a quota set equal to zero.
Safeguard measures
Safeguard measures are temporary restrictions on the imports of certain products. The
purpose of safeguard measures is to protect a specific domestic industry from an
increase in imports of any product which is causing, (or threatening to cause) serious
injury to the industry.
Anti dumping duties have been gaining more importance in recent times simply
because, it has been observed to be the best form of protection. Unlike quotas or
safeguard measures, anti dumping duties are not retaliatory. They are industry, time
and product specific and hence are said to create lesser distorting effects as compared
to other forms of protection.
4
Baxter R.E, Davis Evan, 1988, The Penguin Dictionary of Economics
Hence, in the international context, it is the antidumping duty that protects the
domestic producers initially and consumers in the long run. The duty is justified
because in case of many industries the start up period is long and start-up costs are
also high. Once these firms are forced out of the market as a result of dumping by
exporters, it is very difficult for them to restart when the same exporters raise prices.
Usually, the intentions of charging such low prices to foreign consumers is to be able to
wipe out the domestic industries and eventually acquiring monopoly power in the
foreign market (i.e. using predatory pricing). Thus it is on this ground that the anti
dumping duties have been justified. The main intension is to protect the domestic
industries.
The Directorate General of Anti-Dumping & Allied Duties (DGAD) was constituted in
April 1998. It is located in New Delhi. Since then, all anti dumping cases in India have
been handled by DGAD. Today, the DGAD is headed by the Designated Authority of the
level of Additional Secretary to the Government of India who is assisted by a Joint
Secretary and a Director. Besides, there are eleven Investigating and Costing Officers
JOINT SECRETARY
SECTION OFFICER
STAFF MEMBERS-7
Any industry is subject to protection if and only if there is sufficient evidence furnished
by the petitioner/s regarding;
Broadly, injury may be analysed in terms of the volume effect and price effect of the
dumped imports. The parameters by which injury to the domestic industry is to be
assessed in the anti dumping proceedings are such economic indicators having a
bearing upon the state of industry as the magnitude of dumping, and the decline in
sales, selling price, profits, market share, production, utilisation of capacity etc.
Existence of dumping can be estimated by calculating the dumping margin which is the
difference between the Normal Value of the like article and the export Price of the
product under consideration.
The normal value is the comparable price at which the goods under complaint are sold,
in the ordinary course of trade, in the domestic market of the exporting country or
territory while the export price of goods imported into India is the price paid or payable
for the goods by the first independent buyer.
1) Preliminary Screening
The application is scrutinized to ensure that it is fully documented
and provides sufficient evidence for initiating an investigation.
G. Disclosure of information:
The first anti-dumping investigation in India was initiated in 1992. During the period
from 1992 to 2005, the DGAD received large number of applications for initiating anti-
dumping investigations. After examination of these applications, anti-dumping
investigations were initiated in 188 cases involving 35 countries/territories (considering
25 EC countries as single territory). The countries prominently figuring in anti-dumping
investigations are China PR, EU, Chinese Taipei, Korea RP, Japan, USA, Singapore,
Indonesia, Thailand and Russia. Figure 1 below, shows the increase in the number of
cases initiated in for anti dumping protection. Although there has been a decline in the
number of cases initiated in the year 2004-05, as compared to other countries, the
number of cases initiated in India per year is still quite large. There have been no
definitive measures imposed for the year 2004-05 as at the time of the compilation of
the data only the primary proceedings had been done and further proceedings were
going on.
Figure 1
initiated
30
20 No. of definitive
measures imposed
10
0 No. of measures in
force as on March
2005
19 -9 3
19 -9 5
19 -9 7
20 -9 9
20 -0 1
20 -0 3
5
-0
92
94
96
98
00
02
04
19
Years
The major product categories on which Anti-dumping duty has been levied are
Chemicals & Petrochemicals, Pharmaceuticals, Fibres/Yarns, Steel and other Metals and
Consumer Goods. Figure 2 below, shows the sectoral composition of the products on
which anti dumping duties have been levied in India.
Figure 2
Fibres/ Yarns
Consumer goods
Others
Source: http://commerce.nic.in/dgad/annualreport/ch5.pdf
As seen above, chemical industries are by far the greatest users of the anti dumping
duty. Most of the applications for protection submitted by chemical industries have
been undertaken by a few large firms who constitute a major part of the domestic
market for the given commodity. In very few cases have several small firms come
together to file an application. This itself may suggest that anti dumping cases in India
have mostly been benefiting individual producers.
Economic cost: The economic cost of anti dumping duties can be measured through
the rise in the price of the commodity in question as a result of the implementation of
the duty. This cost, would however be compensated by the gains received in the form
of increased government tariffs which would then be distributed amongst the
population.
Political cost: Although, strictly speaking, anti dumping duties are not retaliatory, in the
long run, they do leave the country imposing the protectionary measures in a weak
bargaining position. As members of the WTO, all countries ostensibly promote free
trade and pledge to reduce tariff as well as non- tariff barriers. Excessive
implementation of anti dumping duties only emphasises that the country in question is
play spoilt sport.
Secondly, big firms which constitute a vast majority of the market share for a given
product and which also have a strong lobbying power in the government; often misuse
the anti dumping legislations. This may add to the political costs in the long run as the
political process of formulating antidumping policies is influenced not just by notions of
economic efficiency but probably to a greater extent by concepts of economic fairness.
Social costs: Social costs of anti dumping duty are only visible or felt several years after
the duty has been enforced. For instance, forward and backward industries that could
have been set up by exploiting the cheap imports wouldn’t be possible with the
implementation of the anti dumping duty. As a result, in the long run, the economy will
loose out on the additional trade that could have resulted through the cheap imports.
Also as anti dumping duties are sector specific (for example in India, maximum of the
anti dumping cases have been filed by chemical industries), the social cost in terms of
lost employment would be more visible in these areas if any, where there is a
concentration of chemical industries.
All the affirmative cases of anti dumping duty lead to ad valorem5 duties received by
the government of the importing country and thus it is easy to assume that the
economic welfare consequences of AD duties are identical to those of an import tariff.
When either an anti dumping duty or tariff is imposed, it leads to a rise in the price of
the commodity in question for the consumers of the importing country. Thus, the
domestic producer (through protection) gains at the cost of the consumer. The
government gets revenue which it then distributes over its population. So overall, the
tariff or AD duty would be beneficial to the economy if:
Evidence suggests that foreign firms often respond to antidumping duties by raising
their prices to the importing country because of the administrative review process. This
reduces the calculated dumping margin and leads to lower future anti dumping duties
for the firm. Thus, although the anti dumping duty was formed with the intension of
removing market distortions, it may end up creating more.
5
Taxes levied as a fraction of the total value of the imports
In case of a consumer good however, the extra cost as a result of ADD may not have
any negative economic implication but this will have social costs. Cost of living will go
up and so will cost of doing business. This will have indirect negative effect on the
economy but it is likely that the advantages of protecting the industry may outweigh
the costs. Application of the antidumping duty may be justified in such a case.
What is also important is the level of development of the firm which has applied for
protection. Often, in countries which have recently freed their economies from trade
barriers, being suddenly exposed to intense competition from the rest of the world can
Thus, the solution lies in applying stricter criteria for the enforcement of the
antidumping duty either on behalf of the WTO or the Government of India. Another
solution may be to apply a sliding scale of antidumping duties. i.e. in the initial year,
antidumping duty will be applied as per the dumping margin calculated for the product.
In the forthcoming years, the value of the duty can be gradually decreased so that at
the end of five years, when the duty is no longer valid, the consumers don’t feel the
pinch.
Conclusion
The Antidumping Agreement was codified during the Tokyo Round of GATT negotiation
(1973-79) to stop "predatory" pricing. It was thought that if such a protective tool is
made available to a country, it may feel encouraged to trade freely. The
underdeveloped economies have every reason to feel scared that the large scale
manufacturers of the developed world will be able to flood the domestic markets with
aggressive pricing. This is a very valid point and there can be no objection to
antidumping duty applied on this basis.
However in reality, as has been observed through past cases that more often than not,
anti dumping legislations are filed by firms who have strong power in the domestic
country and hence are able to lobby the governments. Well organised industries, are
able to manoeuvre their way and get the decision in their favour. This is even easier, if
money can buy political influence as big firms have the financial muscle to bulldoze
their way through the bureaucracy.These firms apply for antidumping protection merely
because they feel threatened by foreign firms and in the process breed inefficiency. If
we study the cases in India so far, we realise that the duties do seem to be in favour of
The negative effects of the anti dumping legislation can be visibly seen by studying the
change in prices in the goods for which anti dumping protection has been approved. In
India, anti dumping protection has been sought for chemical, petro- chemical and
pharmaceutical products, fibres, yarns, steel and certain consumer goods.
Correspondingly, between 1995-96 and 1999-2000, the average annual rates of price
increases are 5.80 per cent for chemicals and petrochemicals, 3.98 per cent for steel,
9.4 per cent for basic chemicals and pharmaceuticals, and 7.94 per cent for consumer
goods7. As all the aforesaid items are price elastic,8 Indian exporters as well as the
general consumers suffer. Hence it can be said that the Indian economy has had to
pay a very high price for the protection that received in the form of antidumping duties.
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6
Annual Administrative Report of the Directorate-General of Antidumping and Allied Duties, 2001
7
Economic Survey (2000-01).
8
A small change in price leads to a large change in demand
1. Imports
* From the subject
country(ies)
*Other country(ies)
2. Installed capacity
3. Production
4. Capacity utilization
5. Captive consumption
6. Indigenous sale
7. Export sale
8. Opening stock
9. Closing stock
10. Cost of sales
11. Profit / Loss
12. Investments
13. Networth
14. Capital investment for
expansion
15. Employment (Manpower
strength)
16. Demand (1+5+6)
17. Market Share*
18. Any other factor
Source: http://commerce.nic.in/Guide.pdf
Net Sales
Year Quantity Gross Excise realisation Net
Sold Sales(Rs) commission Discounts/duty realisation per unit sales
Year 1
Year 2
Year 3
Centre for Civil Society 21
POI
Source: http://commerce.nic.in/Guide.pdf