April 9, 2006	Sunday	Rabi-ul-Awwal 10, 1427

ISLAMABAD, April 8: The ministry of commerce has yet to establish an appellate forum against findings of the National Tariff Commission (NTC) in cases of anti-dumping, which is a violation of the Anti-Dumping Duties Ordinance 2000.

Informed sources told Dawn on Saturday that the ministry had established an ad hoc appellate tribunal for a period of six months with effect from March 4, 2003. They said following the expiry of the forum, the ministry had not only failed to extend the existing forum but also failed to work out a permanent solution to the issue, which was a legal requirement of the ordinance.

The forum provides a platform to the aggrieved parties to challenge the findings of the NTC regarding imposing of dumping duties on their products, as they are not in a position to challenge the cases at the dispute settlement body (DSB) of the WTO because of lack of expertise and financial cost to hire a consultant for the purpose.

The rector of the International Islamic University was made the chairman of the ad hoc forum, with Akhtar Mahmood and Yasin Tahir as its members. An understanding was reached with the members that they had been appointed on honorary basis to fulfil a legal requirement.

A senior official told Dawn that the only long-term solution to this dilemma was to go for an amendment to the anti-dumping ordinance so as to suitably amend the qualifications of the tribunal membership. Even this was proposed to be done in 2004-05 but it was opposed by a senior official of the ministry.

India initiated 216 anti-dumping cases up to June 30, 2004. India has not set up a separate entity to act as an appellate tribunal for trade remedy law cases. Instead, it has notified its existing Customs and Excise and Gold (Control) Appellate Tribunal to hear such appeals as well.

In Pakistan, so far 10 cases had been decided by the NTC and only four were under process, officials said and added that none of the aggrieved parties had decided to prefer an appeal to the DSB in Geneva.

The officials said that the ideal solution would be to assign the work of the appellate tribunal to some existing appropriate tribunal as an addition responsibility as was done in India.

“The problem in following such course of action is very difficult and unnecessary criteria laid down for the chairman of the appellate tribunal that he should be a retired judge of the Supreme Court,” the officials added.

In order to cut down the cost, the government could amend the law to allow one of the existing tribunals to work on appeal, review cases of anti-dumping and countervailing.

There are eight branches of customs, excise and sales tax appellate tribunals — three in Karachi, two each in Lahore and Islamabad and one in Peshawar.