December 24, 2006	Sunday	Zilhaj 02, 1427

ISLAMABAD, Dec 23: The government is yet to establish an appellate forum against the 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 adhoc appellate tribunal for six months on March 4, 2003.

Following the expiry of the forum, the sources said the commerce ministry 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 imposition 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 sources said that India has not set up a separate entity to act as an appellate tribunal for trade remedies law cases. Instead, it has notified its existing customs and excise and gold (control) appellate tribunals to hear such appeals as well.

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

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 commerce ministry.

According to the sources, like India the ideal solution would be to assign the work of the appellate tribunal to some existing appropriate tribunals as an additional responsibility.

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

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.