./.  WORLD TRADE  
ORGANIZATION  G/ADP/AHG/W/169 
28 February 2005 
 
 (05-0823) 
Committee on Anti-Dumping Practices 
Working Group on Implementation Original:   English 
 
 
 
ARTICLE 13 – JUDICIAL, ARBITRAL OR ADMINISTRATIVE REVIEW 
 
Communication by India  
 
 
 The following communication, dated 23 February 2005, is being circulated at the request of 
the Delegation of India.  
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  Article 13 of the Anti-Dumping Agreement requires that each member whose national legislation contains provisions  on anti dumping measures shall maintain judicial, arbitral or 
administrative tribunals or procedures for the purpose, inter alia, of the prompt review of 
administrative actions relating to final determinat ions and reviews of dete rminations within the 
meaning of Article 11.  Such tribunals or pr ocedures shall be independent of the authorities 
responsible for the determina tion or review in question. 
 
 India recognizes the legal right of all interested parties to seek judicial review of administrative actions relating to final dete rminations and review s of determinations. 
 
 Sections 9A, 9AA, 9B and 9C of the Cust om Tariff Act, 1975 as amended in July 1995 and 
the Customs Tariff (Identification, Assessment a nd Collection of Anti-Dumping Duty on Dumped 
Articles and for Determination of Injury) Rules, 199 5 as amended, form the legal basis in India for 
anti-dumping investigations and for the levy of anti-dumping duties.  These laws are based on the 
WTO's Agreement on implementation of Article VI of the GATT 1994. 
 
 The Designated Authority is appointed under Rule 3 of the Anti-Dumping Rules.  The anti-dumping measures are administered in India by the Directorate General of Anti Dumping and Allied Duties headed by the Designated Authority.  The Designated Authority's function is to conduct the 
anti-dumping investigations and to make recommenda tions to the Central Government for imposition 
of anti-dumping measures.  These duties are finally imposed/levied (and collected) by the Ministry of 
Finance, Department of Revenue through a notification.   In terms of Sec 9C of India's Customs Ta riff Act, 1975 as amended, appeals against the 
decisions of the Designated Authority (of determinat ion and review thereof) regarding the existence, 
degree and effect of any dumping of an article, lies with the Customs, Excise and Service Tax 
Appellate Tribunal (CESTAT) in the first instance.  Only the final findings and reviews thereof, and 
the notification of the Department of Revenue im posing definitive duties can be challenged by any 
interested party i.e. importer or exporter or dom estic industry or any interested person who had 
submitted representation to the Designated Authorit y in the course of investigation.     
 
 The CESTAT is a three member Appellate Tr ibunal consisting of the President of the 
Appellate tribunal and two members including one judicial member and one technical member.    G/ADP/AHG/W/169 
Page 2  
 
  
 An appeal under Sec 9C of the Customs Tari ff Act can be filed before the CESTAT within 
90 days of the date of the order under appeal.  Th e interested party making an appeal before CESTAT 
is required to service the appeal to all the interested parties of the investigation.  
 
 CESTAT allows the appellants and the respondent s to make arguments which are followed by 
written submissions, if need be.  CESTAT looks in to the original records of the investigation. 
CESTAT goes into all the substantive and technical i ssues relating to the investigation viz. domestic 
industry, like article, normal value, export price, dumping margin, injury, causal link etc.  Judicial 
review by the CESTAT is quite elaborate and exhaus tive.  CESTAT can confirm, modify or annul the 
order of the Designated Authority. 
  An appeal on the order of the CESTAT can be f iled before the Supreme Court of India within 
90 days of the order.  
 Apart from the above avenues of judicial re view of the administrative actions of the 
Designated Authority relating to fina l determination and review of de terminations, the High Courts in 
India may also admit writ petitions of affected person s in India in any matter relating to the conduct of 
the anti-dumping investigation and de terminations made thereon.  The writ petitions may arise out of 
claims of any alleged denial of natural justice a nd/or any alleged violation of any other constitutional 
right of the affected person.  An appeal against the order of the High Court lies before the Supreme 
Court of India. 
 
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