Page 36 - MANUAL OF SOP

Application for Initiation

2.4. The requirements for filing an application for initiation of investigation
prescribes that an application shall be in the form as maybe specified by the
designated authority. Accordingly, the format prescribed by the Authority becomes
an integral part of the requirements of Rule 5(2).

2.5. The application for sunset review must be filed by the DI at least 240 days
prior to the date of the expiry of existing anti-dumping measures. In the case of
Mid-Term Review, the application must be filed between 12 months to 42 months
from the date of imposition of the duty.

2.6. Generally, the Designated Authority initiates the investigations for anti-
dumping on the basis of an application filed by the domestic industry. However,
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Rule 5(4) of the AD Rules provides for suo-motu initiation of anti-dumping
proceedings also by the Designated Authority on the basis of information received
from the Collector of Customs appointed under the Customs Act, 1962 or from
any other source. In such circumstances, the Authority initiates the anti-dumping
investigations on its own without any application filed in this regard, provided the
Authority is satisfied that sufficient evidence exists as to the existence of dumping,
injury and causal link between the dumped imports and the alleged injury. It is
further clarified that after initiation, the suo-motu investigation follows the same
procedure as the one based on an application as mentioned in the AD Rules .
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2.7. As per Rule 5(2), it is indispensable that the application is supported by
evidence of dumping, injury and the causal link between dumping and injury, as
may be applicable. The ADA also has this requirement under Article 5.2 , to the
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extent the information is reasonably available. The underlying purpose of such
a provision is to ensure that a mere assertion of dumping, unsubstantiated by
relevant evidence, is not considered sufficient for initiating the anti-dumping
investigation.

2.8. The application should be accompanied with following documents in
addition to the prescribed formats notified vide Trade Notice 02/2018 dated
1.2.2018:

1 Union of India v Meghmani Organics Ltd., (2016) 10 SCC 28 (Supreme Court of India)- wherein it was held that
“the initiation has to be generally upon a written application by or on behalf of the DI. In special circumstances, the
DA may initiate an investigation even without a written application provided it has sufficient evidence of dumping”
2 Some of the examples of suo motu investigations were earlier initiated during the years 2001-02 are : Initiation
of Anti-Dumping investigation concerning imports of Sports Shoes (both branded and un-branded) originating in or
exported from People’s Republic of China imports, F.N. 56/1/2000-DGAD dated November 20, 2000; Initiation of anti
dumping investigation concerning imports of Dry Batteries originating in or exported from PR China, F.N. 53/1/2000-
DGAD dated e November 11,2000; Initiation of Anti Dumping investigation concerning imports of toys originating in
or exported from People's Republic of China, F.N. 54/1/2000-DGAD dated November 20, 2000.
3 Refer to para II of Chapter 24 for WTO Jurisprudence.

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