Training Programme on Anti-dumping, Anti-subsidy and Safeguard Measures Mumbai, 8-10 October 2009

Agenda
Day One: 8th October 2009
0900-0930 Registration
0930-1000 Opening
1000-1030 Break
1030-1230 Session 1: Overview of the WTO Agreements on Trade Remedial Measures
Sanjay Notani, Partner, Economic Laws Practice
This session provides the overview of relevant WTO Agreements relating to trade remedial measures (TRMs), which form the basis of national laws governing TRMs. The session will also briefly deal with use and abuse of TRMs in different economic scenarios and industry sectors. Key concepts relating to TRMs will enable the participants to grasp understanding of the functioning of TRMs. More specifically the session will deal with:
History and the basic principles of the GATT and WTO
Basic concepts such as actionable forms of dumping, like product, prohibited subsidies, and non-actionable subsidies
Utility and use of trade remedial measures
Injury versus threat of injury in trade remedial measures
General description of the WTO agreements on trade remedial measures
Industry sectors which have used or are likely to use trade remedial measures and why?
1230-1330 Lunch
1330-1530 Session 2: Strategies and Approach to Anti-dumping, Anti-subsidy and Safeguard Measures against Indian Exports
Sanjay Notani, Partner, Economic Laws Practice
In this session, the key strategies and approaches while engaging with TRMs will be discussed. It has been observed that Indian industry has been on the loosing side due to not being aware of the methods and approaches used by foreign countries. An instance could be “revealing more information than necessary”. Similarly during the TRM investigations, critical aspects need due caution. This session will deal with such sensitive aspects of dealing with TRMs. More specifically the session will deal with:
Industry sectors and jurisdictions in which Indian exports have been subject to trade remedial measures
Strategies to be used by exporters before the commencement of TRM investigations
Strategies during a TRM investigation
Circumvention strategies against TRM
1530-1600 Break
1600-1800 Session 3: Indian Anti-Dumping and Countervailing Duty Law and Practice
Sanjay Notani, Partner, Economic Laws Practice This session will focus on the Indian rules governing anti-dumping and countervailing duties. In addition to covering the basic concepts and their applications, the session will provide an overview of the investigation procedures as followed by relevant authorities in India. The session will also deal with certain specific issues such as the administrative review, market economy status and their effects on the investigations. More specifically the session will deal with:
The Customs Tariff Act and Rules
The concepts of dumping, subsidy and countervailing duty
Sectors and countries subject to trade remedial measures in India
Steps and procedures in anti-dumping and countervailing duty investigations
Use of market & non-market economy status and public interest during investigations and its consequences for Indian businesses
Use of and procedures in the conduct of administrative reviews
Day Two: 9th October 2009
0900-1100 Session 4: Concepts and Issues in Dumping Margin Calculation
Sharad Bhansali, Managing Partner, APJ-SLG Law Offices
Calculation of dumping margin directly affects the amount of anti-dumping duty to be imposed. While explaining the process of assessment of dumping margin, this session will equip the participants with relevant knowledge to understand the process of engaging with anti-dumping duties. More specifically the session will deal with:
Types and determination of dumping
Calculation of various variables such as dumping margin, selling and general administrative expenses and normal value
Definition of zeroing
1100-1130 Break
1130-1300 Session 5: Issues of Injury and Causal Link
Sharad Bhansali, Managing Partner, APJ-SLG Law Offices

Establishing material injury is an essential step prior to imposing anti-dumping duty. Technical aspects of determination of injury and the resultant impact will be discussed in this session. More specifically the session will deal with:
Forms of injury
Determination of injury and calculation of injury margin
Lesser duty rule
Causal link between dumping and injury
1300-1400 Lunch
1400-1600 Session 6: Indian Safeguard Duty Law and Practice, and Product-Specific Safeguards on Imports from China
A. K. Gupta, TPM Consultants

This session will discuss the safeguard regime in India and its practice. Finer details including the specificities in the safeguard investigations will be dealt. The participants will gain understanding of the safeguard mechanism in India and how to protect their sector from unfair competition from abroad. More specifically the session will deal with:
Form, conditions and use of safeguard duty
Transitional product- and China-specific safeguard laws under the Accession Protocol of China
Steps and procedures in safeguard investigations
Meaning and determination of increased imports and serious injury
Use of market & non-market economy status and public interest during investigations and its consequences for Indian businesses
Use of and procedures in the conduct of administrative reviews
1600-1630 Break
1630-1800 Session 7: Overview of Requirements for Filing Applications before the Relevant Authority
A. K. Gupta, TPM Consultants

Procedural details involved with filing of AD, CVD and safeguards cases will be discussed in this session. More specifically the session will deal with:
Information to be given to Department of Commerce when application is filed
Application proforma for information
Definition of product under consideration
Day Three: 10th October 2009
0900-1100 Session 8: Data Compilation for Initiating and Facing Trade Remedial Measures
Suhail Nathani, Partner, Economic Laws Practice

Use of data is of critical importance to TRM investigations. This session will deal with data requirements, their uses in different steps during TRM investigations and their resulting economic impacts on the businesses. More specifically the session will deal with:
Data requirement for AD, CVD, WTO safeguard and bilateral safeguard investigations
Export data of exporter or the import data of importer to be relied on?
1100-1130 Break
1130-1230 Closing (Participants’ Feedback)
1230-1330 Lunch