Trade Remedial Measures are being invoked by WTO (World Trade Organization) members to provide “level playing field” to its manufacturing sector. While WTO advocated free trade, it also ensured fair trade between member nations. There are three kinds of measures – anti-dumping duties (applied when an exporter sells product in other markets at price lower than the normal price in the domestic market); countervailing duties (applied when an exporter sells cheaper because of financial support or revenue foregone by their government) and safeguard measures (applied when sudden surge in fair priced imports causes serious injury to the domestic industry of the importing countries). Safeguard measures are emergency measures and are required to be used sparingly.
TPM, Solicitors & Consultants have been largely assisting Indian Producers seeking imposition of anti-dumping duty. TPM have been involved in more than 500 investigations by now, perhaps globally highest number for an individual/firm in the field of anti-dumping, anti-subsidy and safeguard measures. They have assisted Foreign Producers facing anti-dumping cases in India. They have been also assisting Indian Producers facing anti-dumping or anti subsidy cases by other countries against exports from India, which includes investigations by USA, Europe, Brazil, South Africa, Indonesia, Egypt, Turkey, Korea, China etc. TPM have also assisted foreign companies facing anti-dumping case by third countries [for example, an UAE and a Mexico company facing investigation by Brazil; an Egyptian company facing a case in Brazil]. Their success rate is high – whether as a firm representing the domestic industry or foreign producers.
Adding Professionals in the Field of Trade Remedial Measures
Founded in 1999, TPM, Solicitors & Consultants today have a large network of clients, who trust TPM’s quality services. Over a period of more than 17 years TPM has assisted large number of Indian companies seeking remedies against unfair trade practices, and has proven itself at every point in time.
TPM is a team of professionals, which includes a team of qualified and experienced Chartered/Cost Accountants, Company Secretaries and Legal professional (and have even assistance of MBAs and Engineers), dedicated entirely in the areas of anti-dumping duties, countervailing duties and safeguard measures. TPM provides internship opportunities to students from law colleges all across India and also offers placements to fresh law graduates. TPM also gives training to them for becoming a professional in this specific field. TPM has been instrumental in organizing various workshops/seminars in related areas, to provide opportunity to the industry and create awareness in the country.
Initiator of TPM
Mr. A. K. Gupta, Founder of TPM is a well-known expert in the area of trade remedial measures in the country. Mr. Gupta is Masters in Management Studies (MMS) from BITS, Pilani and a member of Institute of Cost Accountants of India (formerly known as Institute of Cost and Works Accountants of India). He served Govt. of India for more than seven years. During this period, he largely served as Assistant Director in Anti-Dumping Division (the present Directorate General of Anti-Dumping & Allied Duties). He resigned from Govt. services in 1999 and started practicing in this field which was later named as TPM Consultants.
Mr. Gupta was instrumental in forming the current anti-dumping formats, policies, practices and methodologies in India as an investigator during his tenure with the Ministry of Commerce. He holds experience of more than 500 cases by now, which is perhaps globally highest number for an individual. TPM is associated in about 85-90% of anti-dumping, countervailing & safeguards investigations in the country, mostly on behalf of the domestic industries seeking imposition of anti-dumping duty. Mr. Gupta is also instrumental in first anti-subsidy investigation conducted by Indian Authority.
TPM is Assisting
- Domestic manufacturers in seeking imposition of duties against imports of their product in India, and in protecting their interests against their exports to other world markets.
- Producers outside India in seeking imposition of duty on imports of their product into their country
- Exporters and producers facing anti dumping, anti subsidy or safeguard investigations by various global authorities ; and
- Importers in India; in protecting their interests against investigations being conducted in India
Other than trade remedial measures, TPM has expertise in assisting industries in finding business solutions (in various ways) to the competition being faced from foreign producers.
Changing Scenarios of Trade Remedial Measures in India
TPM is a complete solution provider firm — doing hand holding of the industry from the stage of advising them how to collect information, where to look for information to the stage of supporting their case and right upto the Supreme Court (if decisions of the Govt. are challenged before the Courts). The clients get support from a firm (TPM) who knows what is required to be done by them, what could be done by the investigating authority and what are rights & obligations of the clients. Clients consider TPM because they find that the only job to be performed by clients is to provide information available with them to TPM. There are a large number of instances where the domestic producers have switched over from other law firms to TPM, which itself speaks of its credibility and competence.
In 1999, when Mr. Gupta resigned from Directorate General of Anti-Dumping and Allied Duties, there were very few professionals in this field. Mr. Gupta (TPM) started assisting all segment of industry including partnership firms, SSI units, Medium Scale units as well as large units. TPM was involved in organizing workshops and seminars across India and provided to create awareness in the industry that really needed to be aware of this law so that they can come forward and protect their interests.
By looking at the current scenario, Mr. Gupta asserts, “Though still a lot to be done in this field, a lot has been done and now the scenario has changed as these measures have become accessible to even house hold industries in India. The current interactions with the industries clearly shows that the industry is by now well aware of availability of these trade remedial measures to them.”
