South Africa/India dispute over pricing of Ampicillin and Amoxycillin

[James Love <love@cptech.org>]

In this interesting WTO dispute, India is challenging South African
"anti-dumping" duties on Ampicillin and Amoxycillin (SA duties on Indian
imports to South Africa).


http://www.wto.org/wto/dispute/bulletin.htm


(57) South Africa - Anti-dumping Duties on the Import of Certain
Pharmaceutical Products from India, complaint by India (WT/DS168/1).
This request, dated 1 April 1999, is in respect of a recommendation for
the imposition of definitive anti-dumping duties by the South African
Board on Tariffs and Trade (BTT), contained in its Report No. 3799,
dated 3 October 1997, on the import of certain pharmaceutical products
from India. India alleges that South Africa initiated anti-dumping
proceedings against the importation of ampicillin and amoxycillin of
250mg capsules from India. The BTT allegedly made a preliminary
determination on 26 March 1997 that ampicillin and amoxycillin of 250mg
and 500mg capsules, exported by M/S Randaxy Laboratories Ltd of India,
were being dumped into the South African Customs Union (SACU). This was
allegedly followed by a recommendation to impose final duties on these
products by the BTT, which was reported on 10 September 1997. India
contends that the definition and calculation by the BTT of normal value
is inconsistent with South Africa's WTO obligations, because erroneous
methodology was used for determining the normal value and the resulting
margin of dumping. India further contends that the determination of
injury was not based on positive evidence and did not include an
evaluation of all relevant economic factors and indices having a bearing
on the state of the industry, which led to an erroneous determination of
material injury suffered by the petitioner. India is also of the view
that the South African authorities' establishment of the facts was not
proper and that their evaluation was not unbiased or objective. India
also claims that the South African authorities have not taken into
account India's special situation as a developing country. India alleges
violations of Articles 2, 3, 6(a) to(c) individually and in conjunction
with 12, 12 and 15 of the Anti-Dumping Agreement; and Articles I and VI
of GATT 1994.


-- 
James Love, Director, Consumer Project on Technology
I can be reached at love@cptech.org, by telephone 202.387.8030,
by fax at 202.234.5176. CPT web page is http://www.cptech.org