Author- Shivendu Jaiman, Legal Associate Consider an industry that faces overcapacity and lack of vertical integration, and consequently low profit margins. The financial position of the industry is extremely fragile, and to compound the issue, it is faced with dumped imports pushing prices even lower. When the industry, aggrieved by such dumping, seeks imposition of an anti-dumping duty against foreign competitors, a question that arises is whether the issue faced by the industry is its own structural weakness or the dumping. In other words, before imposing any duty, the investigating authority would have to examine whether a causal link is established between dumping and injury, as required under WTO law. The above illustration highlights an issue frequently faced by industries during investigations. When an industry…