Page 397 - Manual Of SOP
P. 397

Manual of OP for Trade Remedy Investigations


               16.57.  The conditions mentioned in Rule 14 are applicable for an original
               investigation.

               NOTIFICATION
               16.58.  The Final Finding has two versions, confidential and non-confidential.
               The Final Findings have to be translated in Hindi as it is mandatorily to be issued
               bilingual in English and Hindi. All the Final Finding notifications have to be signed
               by the Director General of Trade Remedies in original. The confidential version is
               for the records of the Directorate. Two copies of non-confidential version in Hindi
               and three copies of non-confidential version in English should be prepared for
               signatures of DG.
               16.59.  One set of Non-Confidential Version of Final Finding Notification in English
               and Hindi signed in original are required to be sent to the government press on the
               same day it is approved and signed by DG, alongwith a soft copy by email. As soon
               as the notification is accepted by the Government Press, NCVersion in English is to
               be sent to the Ministry of Finance with a DO letter from DG requesting TRU to take
               further necessary action. Thereafter, Final Finding notification must be uploaded on
               the DGTR website.

               PRELIMINARY FINDINGS
               LEGAL PROVISIONS

               16.60.  Section 9A(2) of the Act provides as follows:

                     The Central Government may, pending the determination in accordance
                     with the provisions of this section and the rules made thereunder of the
                     normal value and the margin of dumping in relation to any article, impose
                     on the importation of such article into India an anti-dumping duty on
                     the basis of a provisional estimate of such value and margin and if such
                     antidumping duty exceeds the margin as so determined:

                     (a)    the Central Government shall, having regard to such determination
                            and as soon as may be after such determination, reduce such anti-
                            dumping duty; and

                     (b)    refund shall be made of so much of the anti-dumping duty which
                            has been collected as is in excess of the anti-dumping duty as so
                            reduced.



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