Trade Remedial Services

Anti-dumping duties are usually imposed for up to five years from the date of imposition. However, these duties can be extended through sunset reviews if the domestic industry demonstrates that the removal of duties would likely lead to continuation or recurrence of dumping and injury.

Periodic reviews such as mid-term reviews and new shipper reviews may also be conducted during the duty period to assess changes in circumstances or accommodate new exporters who can prove they are not dumping.

In India, the Directorate General of Trade Remedies (DGTR), under the Ministry of Commerce, conducts investigations into dumping, subsidies, and safeguard cases. After completing the investigation, DGTR issues a recommendation.

The final decision to impose duties rests with the Ministry of Finance (Department of Revenue), which issues a customs notification officially imposing the anti-dumping duty based on DGTR's recommendation.

Yes, a product can be subject to both ADD and CVD simultaneously. If an imported product is being dumped (sold below normal value) and the exporting country's government is providing subsidies to the manufacturer, both types of duties can be applied.

However, authorities ensure that double remedies are avoided — meaning the duties imposed will aim to address distinct forms of unfair trade (dumping vs. subsidization) without imposing duplicative relief for the same injury.

If your exports are subject to an anti-dumping or countervailing duty investigation in a foreign jurisdiction (such as the US, EU, China, etc.), immediate action is critical.

We recommend the following steps:

• Engage specialized counsel immediately — Trade remedy investigations have strict deadlines. Missing a response deadline can result in adverse findings based on "facts available."
• Prepare a robust legal and factual defense — We help you respond to questionnaires, defend your pricing methodologies, and present evidence to foreign authorities.
• Coordinate with local counsel — We work with local law firms in the investigating country to ensure compliance with procedural rules and maximize your defense.
• Participate in hearings and oral arguments — We represent your interests before investigating authorities and present evidence-based rebuttals to allegations of dumping or subsidization.

Omega QMS has experience defending Indian exporters in anti-dumping investigations in multiple jurisdictions, and we provide end-to-end support to protect your business and market access.

An anti-dumping petition can be filed by the domestic industry producing the "like article" (a product similar to the imported product alleged to be dumped). The petition can be filed by:

• Individual manufacturers or producers,
• Industry associations representing domestic producers, or
• Groups of manufacturers collectively representing a significant proportion of domestic production.

Eligibility Criteria (Standing Requirements):

• Minimum support threshold: The petition must be supported by domestic producers whose collective output constitutes more than 25% of the total domestic production of the like article.
• Majority support: The petition must have the support of producers who account for more than 50% of the total production by those domestic producers who have expressed either support for or opposition to the petition.
• Evidence of injury and dumping: The petitioner must provide sufficient evidence demonstrating that:
  • The imported product is being dumped (sold below normal value or cost of production),
  • The domestic industry is suffering material injury (or threat of injury), and
  • There is a causal link between the dumped imports and the injury.

If these criteria are not met, the DGTR may reject the petition for lack of standing or insufficient evidence.

Omega QMS assists petitioners in assessing eligibility, gathering industry support, and preparing comprehensive petitions to ensure acceptance and a strong foundation for investigations.

The total cost of filing an anti-dumping petition varies based on the complexity of the case, the number of exporters, and the extent of data and evidence required. Key cost components include:

Government and Filing Fees:

• DGTR filing fee: A nominal fee is charged by the DGTR for accepting and processing the petition.

Professional and Consultancy Fees:

• Legal and economic consultancy: Fees for trade remedy consultants, trade lawyers, and economists who prepare the petition, conduct injury analysis, calculate dumping margins, and represent the petitioner during the investigation.
• Data collection and analysis: Costs associated with gathering import data, production statistics, financial data, and pricing information.
• Representation and hearings: Costs for attending oral hearings, submitting written submissions, and coordinating with DGTR officials.

Other Costs:

• Industry coordination: If multiple producers are involved, there may be coordination costs for collecting support letters and organizing joint action.
• Expert witnesses and technical reports: In some cases, expert reports or technical analysis may be required to substantiate injury or dumping claims.

Omega QMS provides transparent, upfront pricing and cost estimates based on the specific needs of your case. We aim to minimize costs while maximizing the chances of a successful outcome.

For a confidential consultation and cost estimate, contact us at info@globalomega.com or call +91-9810047474.