Page 426 - MANUAL OF SOP
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Review Investigations
(2) Any review initiated under sub-rule (1) shall be concluded within a
period not exceeding twelve months from the date of initiation of
such review.
(3) The provisions of rules 6, 7, 8, 9, 10, 11, 16, 17, 18, 19, and 20 shall
be mutatis mutandis applicable in the case of review.
17.8. In the absence of a separate procedure, the authority broadly follows the
procedure prescribed for original investigation for conducting review investigations
also, with some variations as discussed in the following paragraphs.
OPERATING PRACTICES
17.9. The SSR can be initiated by the Authority on its own initiative or on receipt
4
of Application by or on behalf of domestic industry .
5
17.10. The SSR can be initiated only during the tenure of the existing duty. The
application must be filed prior to the termination date of AD as per the timeline
given in Trade Notice No.2/2017 dated 12 December 2017.
th
17.11. The PUC cannot be modified in a Sunset Review investigation . However, the
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scope of product can be restricted on specific request from interested parties, after
due consideration. In no case can the scope of product be widened or enlarged.
(Chapter-2 may be referred for discussion on PUC).
17.12. An application to extend the period of duties can be filed by the domestic
producers who account for the major portion of the Indian producers producing
PUC and like articles covered by those measures. These may or may not be the same
applicants as in the original or any previous investigation.
17.13. It may be noted that as per the provisions in Rule 23(3) governing sunset
review, there is no necessity to carry out the “standing” test, however, as a matter
of practice in the Directorate domestic industry standing test is normally carried out
for all review investigations at the time of initiation of investigation.
17.14. The methodology for conducting review investigation, is broadly similar to
that of original antidumping investigation.
4 Initiation of Sunset Review in Anti-dumping investigations on the import of PTFE originating in or exported from
China PR, F. No. 15/8/2010-DGAD dated July 26, 2010; Initiation of Sunset Review in Anti-dumping investigations
on the import of sodium nitrite originating in or exported from China PR, F. No. 15/4/2010-DGAD dated July 1, 2010.
5 Please refer to Para XVII of Chapter 24 for WTO Jurisprudence.
6 Leather Cloth and Plastic Manufacturers Association v Union of India, 2012 (282) ELT 438 (CESTAT, New Delhi).
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