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Anti-Dumping Measures: Is the statutory right of appeal to a Preliminary Determination under the Act sufficient?

Anti-Dumping Measures: Is the statutory right of appeal to a Preliminary Determination under the Act sufficient?

The term ‘preliminary’ in anti-dumping investigations often belies its immediate and significant commercial consequences. Pakistan’s National Tariff Commission conducts these investigations under the Anti-Dumping Duties Act, 2015. Where an affirmative preliminary determination is made, provisional duties are placed on the investigated product in order to protect local producers from injury caused by dumping. Under Section 70(1)(i), such decisions can be appealed if the requirements of Section 37 are unsatisfied. The question that emerges is whether the Anti-Dumping Appellate Tribunal must confine its review to that of procedural compliance with Section 37, or whether it should examine the substance and sustainability of the Commission findings. 

Most recently, domestic importers of Pure Terephthalic Acid (PTA) filed an appeal against the preliminary determination, which had imposed a provisional anti-dumping duty on the import of PTA from China. The Anti-Dumping Appellate Tribunal held, dismissing the appeal, that the scope of an appeal under Section 70(1)(i) was limited to the examination of whether the preliminary determination satisfied the statutory requirements of Section 37. It further held that any appeal to the merits, findings, and conclusions of the Commission could be........

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