Abstract
In recent years, there has been a considerable difference in approach between the relevant anti-dumping investigation agency and the Ministry of Finance when it comes to the imposition of anti-dumping duties in India. This difference revolves around the interpretation of the ‘public interest test’ which requires investigating agencies to consider whether the imposition of anti-dumping duties would be in the larger interest of the public.
WTO law does not offer much guidance in this regard and Members have chosen to adopt different approaches when deciding whether the imposition of an anti-dumping duty is in the public interest. In India, the investigating agency and the implementing ministry have considered different factors in their analysis of the ‘public interest test’ and arrived at contradictory conclusions on the application of the test in the same proceeding. The lack of a codified approach to the public interest test coupled with the limited avenue for judicial intervention on the issue has resulted in a limited understanding on the scope, operation and relevant considerations that underpin the test. Having considered the approach of investigating agencies to the ‘public interest test’ in India between 2020-22 (when the divergence in approach between the DGTR and the Finance Ministry was most apparent), this paper seeks to identify relevant considerations in the use of the test, highlight practices from other jurisdictions and examine how the operation of the test can be better structured to enable better and more informed participation of third parties in anti-dumping proceedings.
Recommended Citation
Subramanian, Archana
(2024)
"The ‘Public’ in the ‘Public Interest Test’: Rethinking the Parameters of the Public Interest Test in India,"
National Law School of India Review: Vol. 35:
Iss.
1, Article 11.
DOI: 10.55496/XPPV2663
Available at:
https://repository.nls.ac.in/nlsir/vol35/iss1/11
Digital Object Identifier (DOI)
10.55496/XPPV2663
