Page 437 - MANUAL OF SOP
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Manual of OP for Trade Remedy Investigations
it may levy duty in such cases retrospectively from the date of the
initiation of the review .
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OPERATING PRACTICES
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17.60. The NSR can be initiated by the Authority on receipt of an Application
from the new exporter/shipper.
17.61. The NSR can be filed and initiated only before the expiry of existing duty.
The application can be filed any time after the imposition of Duty but 12 months
before the expiry of the existing anti-dumping duties as per the timelines prescribed.
17.62. NSR is filed only for limited purpose of seeking individual duty by an exporter
from the exporting country against whom duty has been imposed.
17.63. The essential requirement for such an exporter is that he should not have
exported the subject goods to India during the POI of the previous original/review
investigation and neither related to any producer/exporter who have exported the
subject goods to India during the original/review investigation. For related party
details, please refer to chapter 19 of this manual.
17.64. It may be desirable that the exporter has some track records of actual
exports to India on the date of filing of NSR application in order to establish its
credible intent to export to India. This is in line with the fact that similarly placed
producers/exporters are not considered for individual rate if these units have not
exported during POI of an anti-dumping investigation.
17.65. After establishing the eligibility of the applicant(s) from a subject country,
the next step is determination of Period of Investigation. The details regarding POI
determination may be referred at chapter 5 of this manual.
17.66. The PUC for NSR investigation is the same as that of the original/review
investigation against which the NSR is being filed.
17.67. After the prima facie examination of the information submitted by the
applicant and finding sufficient justification for initiation of a New-shipper review
investigation in accordance with the provisions of Rule 22 of the Anti-Dumping
Rules, the Authority recommends provisional assessment on all exports of subject
30 Please refer to Para XVII to Chapter 24 for WTO Jurisprudence.
31 Directorate General of Ant-Dumping and Allied duties, Trade Notice 08 of 2018, F. No. 4/5/2018 (April 25, 2018).
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