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Legal Update

Possible Impacts on Thai Stainless Steel Exporters

24 December 2008
Mayer Brown JSM Legal Update

On 25 November 2008, India initiated an anti-dumping investigation on imported, cold rolled, flat stainless steel originating in or exported from several countries, including Thailand. India's concern is that domestic companies will suffer due to cheaper imported stainless steel flooding the domestic market.
As a result of this investigation, Thai exporters of flat stainless steel to India may lose their market share, or may be imposed with higher import duties.
Full Update
Anti-dumping measures
Anti-dumping is a remedial action which seeks to protect injured domestic industries from artificially cheap, or "dumped", imported goods. Anti-dumping measures shall be applied if the following conditions occur:

    1. where the export price of an imported product is lower than its "normal value" in the home market of the exporters;
    2. there is a material injury to domestic industries; and
    3. there is causal link between (1) and (2).
As a member of the World Trade Organisation, Thailand has adopted the principles of anti-dumping. Enforcement in Thailand is through the Anti-Dumping and Countervailing Act B.E. 2542 (1999).
Impacts and Benefits
For domestic industries or importers, anti-dumping measures help to protect and maintain their market share. Anti-dumping measures also help domestic industries or importers to supply products at cheaper prices.
Exporters may benefit from a reduction of anti-dumping duties or measures imposed on their products. There are many methods of reducing anti-dumping duties imposed on their products, which depends on the facts, situation and actions taken or being taken by the relevant exporters.
Specifically, as regards  the investigation initiated by India, any exporters who participate and cooperate with the Indian competent authority may benefit from a reduced anti-dumping duty (i.e. preferential rate) or the relaxing of measures imposed on their products.
Mayer Brown JSM is an international law firm in Thailand, which provides knowledge and services to clients (whether manufacturers, importers or exporters) to obtain and maintain an advantage in the global marketplace through strategic advice, counsel, advocacy, preparation and litigation of anti-dumping petitions for anti-dumping and/or countervailing duty investigations initiated by major jurisdictions. Our team consists of some of the most experienced senior trade professionals and lawyers from Asia, the Americas, and Europe, several of whom are internationally recognized for client representation in trade remedies, proceedings, customs disputes and market access controversies.

For further information, please contact:
Gary Biesty ( )
Nipaporn Weskosith ( )
Chitanong Poomipark ( )
Sivinee Thanapase ( )

Learn more about our Bangkok office and Global Trade practice.

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