The Unnatura

289

By M.C. Linthoingambee

An easier market at a rather lowered price: this is the sensational intake of International Trade where it is indeed true that Apple Ipad bought in Dubai has a lower price than the imported ones in India. Here lies the difference in the undertaking of the foreign companies and other international companies in being stronghold producers in their respective sectors and frequently exporting their products at a much lower rate in comparison to the other domestic products lying in different countries. The trend lies in the crux idea of polluting a domestic market with a larger range of foreign goods to choose from. Let’s face it: we would much rather aim for that Ipad marked “Made in USA” right? And when this product outlives all other domestic products at a lowered value, we wonder of with cash in order to attain our prize.

India in this part has been taking appropriate steps in frequently abiding to its anti-dumping measures whilst protecting its domestic industries. Anti-dumping is a measure to correct the situation arising out of the dumping of goods and its distorting effect on domestic producers of similar goods. The mushroom of growth of industrial houses has led in large scale production and in this situation dumping enables the producer to establish a dominant position in the market. The common undertaking is for the commercial practice is for the international price of a commodity to be lower than the domestic price so there are no inactions in regards dumping there. But when such actions go haywire and do otherwise, thereby causing and resulting in various threats leading to domestic injury, it can be viewed gravely. All of this has existed since day 1 of the Indian Independence. When there was a great need to adhere to the poor section of the society and there was no proper cure, industrialization began in the hopes of elevating this syndrome. Henceforth, necessity is the mother of all invention and crashing of all solutions. When liberalization began as an anti measure to tackle the poverty, unemployment and other social evils in the country, the Industrial Policy Resolution took to counter the above as initiated by the Government in the early 1950s to encourage growth of industries for economic independence and prosperity leading to industrialization of the country. And owing to this advancement, an even greater need was felt in urging a strong anti-dumping law to protect the Indian industries from the unfair competition of some foreign companies.

As per a reliable sources, “a greater wind of governance arose with the legal framework in place for imposing anti-dumping and countervailing measures in India in 1982 when Sections 9, 9A, 9B and 9C were added to the Customs Tariff Act, 1975, the first step in the direction of having an independent law for anti-dumping was the enactment of Customs Tariff (Identification, Assessment and Collection of duty or Additional duty on Dumped Articles and for Determination of Injury) Rules, 1985. A detailed analysis was provided for in these provisions for conducting investigations and imposing anti-dumping and countervailing duties. After the signing of the legal texts for the Uruguay Round Negotiations under GATT, the Sections 9, 9A, 9B and 9C of the Customs Tariff Act, 1975 were amended on 01.01.1995 to synchronize the legal provisions in India with the WTO Agreement on Implementation of Article VI of GATT 1994 (commonly known as Anti-Dumping Agreement) and WTO Agreement on Subsidies and Countervailing Measures. Bei
ng a signatory to the Agreement on Implementation of Article VI of the GATT, 1994, the Parliament inserted sections 9A to 9C in the Customs Tariff Act vide the Customs Tariff (Amendment) Act, 1995, No. 6 of 1995 which replaced the earlier provisions of Sections 9, 9A and 9B. The amendments were introduced to bring the Custom Tariff Act in conformity with the provisions of Article VI of the GATT 1994, and the agreements on subsidies and countervailing measures. Simultaneously the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 and Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Rules, 1995 were also introduced after repealing the earlier Rules. These Rules are commonly known as Anti-Dumping Rules and Countervailing Duty Rules, respectively are presently governs the subject to anti-dumping in India.” as reported.

A greater part of the world market survives with the tilted effect of export and import and the circle still continues. This concept of anti – dumping has for more parts played the role of referee in restricting let downs in the dumping process. When a large foreign company starts to exercise their dominant positions, and turn to strike more as tyrant rather than a friendly intake, than these laws come into action. They do not let a particular large franchise overtake all the other small franchise considering into effect of all the roles of the small companies in providing employment and upbringing development. Do the same actions lie for us? In small theories, the machine made goods are slowly crashing the role play of the art and craft of a hand woven good. Such is a world where an attractive good is locked in our eyes overlooking the essence of quality material. China is still playing and leading the large dumping goods world affair.  This is development in a rapid movement. It is true the speeding and high train can lead to our destinations faster and closer. But for the next time you go a sore to buy a certain thing, go for the quality and not the prize.

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