India investigates stainless-steel exporters
In November last year, India began an anti-dumping investigation on imported, cold rolled, flat stainless steel originating in or exported from several countries, including Thailand. India's concern is that its domestic companies will suffer because of cheaper imported stainless steel flooding its market.
As a result of the investigation, Thai exporters of flat stainless steel to India may lose their market share, or may find higher import duties imposed on their goods.
Anti-dumping measures are a remedial action which seeks to protect injured domestic industries from artificially cheap, or "dumped", imported goods. They may be applied if the export price of an imported product is lower than its "normal" value in the home market of the exporters; there is a material injury to domestic industries; and there is a causal link between these two.
As a member of the World Trade Organisation, Thailand has adopted the principles of anti-dumping. Enforcement in Thailand is through the Anti-Dumping and Countervailing Act BE 2542 (1999).
For domestic industries or importers, anti-dumping measures help to protect and maintain their market share. Anti-dumping measures also help domestic industries or importers to supply products at cheaper prices.
Exporters may benefit from a reduction of anti-dumping duties or measures imposed on their products. There are many ways of reducing anti-dumping duties, depending on the facts, the situation and actions taken or being taken by the exporters involved.
As regards the investigation initiated by India, any exporters who participate and cooperate with the competent Indian authorities may benefit from a reduced anti-dumping duty (a preferential rate), or the relaxing of measures imposed on their products.
MAYER BROWN JSM is an international law firm in Thailand, serving manufacturers, importers or exporters who wish to obtain and maintain an advantage in the global marketplace through strategic advice, counsel, advocacy, preparation and litigation of anti-dumping petitions for anti-dumping or countervailing duty investigations initiated by major jurisdictions. Our team includes some of the most experienced senior trade professionals and lawyers from Asia, the Americas and Europe.
The writer may be contacted at sivinee.thanapase@mayerbrownjsm.com or visit www.mayerbrownjsm.com.
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