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ReturnNEWS-VIEWS ON HEARING OF ANTIDUMPING DUTY ON SILK FABRICS
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admin
PublishDate：
2006-06-20 11:02:00
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563
When I left for attending the hearing on anti-dumping of silk fabrics from China, held on the 15th of this month, I thought it would be a boring affair with nothing much to do. It was supposed that the hearing will be over soon as no exporter from the Chinese side was coming to attend.
On the contrary this hearing proved to be very exciting and interesting with four different lawyers representing different Chinese companies and Chamber of Commerce and also a representative from the Chinese Embassy raising several queries and arguments in their support and then their arguments were well replied and argued by the lawyer representing the Indian applicants, Mr.Bhansali from M/s.Strategic Law Group. The hearing started exactly on time at 3:00PM in the afternoon and could be concluded around 7:15PM and these four hours proved to be quite a learning experience with both sides being represented by seasoned lawyers who very well argued their cases. The lawyers representing the Chinese side were Mr.Jha, M/s. Lakshmi Kumaran & Sridharan, M/s.TPM Consultants and M/s.Dua Associates.
The applicants were also well represented with officials from Central Silk Board along with representatives of applicants from Silk Trade Association (Regd.) Varanasi, Karnataka Weavers Federation, The Mysore Power Loom Silk Manufacturers Co-operative Society Ltd, Bangalore District and Bangalore Rural District Power-Loom Weavers Production and Sales Co-operative Federation Ltd. and Silk and Textiles Mercantile Traders Association.
The hearing started with the usual practice of putting up the case by the applicants and the case was well put up by Mr.Bhansali who was well supported by Mr.Somashekhar, Director-CSB, Mr.Menon and Mr.H.R.Gowda (all from CSB). The representatives of the various associations presented their views and reiterated their demand for imposition of the anti-dumping duty.
The Chinese lawyers had also come prepared and all of them argued the case very well raising several issues like objections pertaining to MET status, Like Product, Grading, accuracy and adequacy of the application, handloom and powerloom issue and the issue of increase in cost of production due to antidumping duty on Raw Silk.
The lawyer representing Zhejaing Cathaya Silk and few others expressed his clients’ disappointment over the issue.
The lawyer from TPM Consultants raised the query regarding the Public Notice No.20 dated June 13, 2006 issued by the Directorate General of Foreign Trade which is also covered by the same Ministry of Commerce which also covers the Directorate General of Anti-Dumping and Allied Duties. He sought clarification on this matter and was joined by several others who also sought clarification about the relevance of this Public Notice with respect to Silk. The DGAD too seemed surprised by seeing this Public Notice and assured to look into this matter.
The arguments from the lawyers seemed unending and that they could go on for another few hours if they were not reminded in between to keep their arguments brief. Sometimes the unsuitable remarks of one party were immediately responded to by the other party making the hearing further hot and exciting. The energetic remarks of the few participants even after three hours of discussion were giving an impression that the hearing could continue for another several hours. Hence the restlessness of few officers after the regular office hours (6:00 PM) could well be observed.
After the arguments of the Chinese side finished, the applicants lawyer (Mr.Bhansali) then argued for almost all the objections raised by his opponents and put several queries to rest.
It was generally observed that as some of the lawyer had requested for individual treatment of their client and some other requested for lowering the antidumping duties. Also some Indian importers present there requested the Authority that though they welcome the step of the Authority on imposition of Anti-Dumping duty to safeguard the industry they feel the duties imposed are high and could be reduced.
The issue of anomaly in the duty structure (more duties on raw material and less on finished products) was also raised and request to rectify.
All the concerned parties have been asked to submit their rejoinders by the 17th of next month.
The conclusion which I draw from the hearing keeping in view the various arguments from the both sides is that the anti-dumping duty is here to stay though there may be a few amendments while final imposition of the duty.
Source:Industry Website
