Page 92 - Compendium_of_Law&Regulations

CVD Rules, 1995

Provided that in case of any violation of any undertaking, the designated
authority will intimate the Central Government and complete the
investigation expeditiously.

(7) The designated authority shall suo motu or on the basis of any request
received from exporters or importers of the article in question or any other
interested person review from time to time the need for the continuance of

any undertaking given earlier.

18. Disclosure of information.-

The designated authority, shall, before giving its final findings, inform
all interested parties and interested countries of the essential facts under
consideration which form the basis of its decision and permit the interested
parties to defend their interest.

19. Final findings.-

(1) The designated authority shall, within one year from the date of initiation
of an investigation determine as to whether or not the article under
investigation is being subsidized and submit to the Central Government
its final finding, as to –

(a) (i) the nature of subsidy being granted in respect of the article

under investigation and the quantum of such subsidy;

(ii) whether imports of such articles into India in the case of
imports from specified countries, cause or threaten material
injury to an industry established in India or materially retards
the establishment of any industry in India and a causal link
between the subsidized imports and such injury; and

(iii) Whether a retrospective levy is called for and if so, the reasons
therefor and the date of commencement of such levy.

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