Page 406 - Manual Of SOP

Disclosure Statement & Final Finding

16.99 The Rules do not provide the power to review or amend the final finding
already notified by the Authority. It can only be revisited on the directions of Hon’ble
Court or Hon’ble Tribunal remanding the case back to DG to reconsider or reissue
the final findings on legal considerations; Any Corrigendum, if issued, should be
uploaded on the website of DGTR. A Gazette notification should also be issued.

CLARIFICATIONS
16.100. In some cases (exceptional circumstances)an interested party may seek
clarification on any point of ambiguity in the Final finding notification. The
clarifications are normally by way of an explanation of the Final Finding and donot
introduce any element of change. For example,an applicant may seek clarification on
the scope of PUC as already decided in the Final Finding Notification, as to whether
a certain article is covered within the scope of the final findings or whether certain
HS codes are covered under the scope where the PUC is reported to be imported.
Such clarifications are needed more for the purpose of Customs Authorities to
21
enable them to implement the findings more effectively and the consequent duty
notification, in its true letter and spirit. In case it is opined that the clarification could
impact the opposing interested parties, the pre intimation of such a clarification
must be posted in public domain (Directorate’s website), inviting comments before
finalising the same. Any clarification, if issued, should always be uploaded on the
website of DGTR for information of all concerned.

CHANGE OF NAME

16.101. The Authority, while recommending any ADD or CVD measure,
recommends the levy of measure in the Duty Table of the Final Finding. The
Ministry of Finance based on this recommendation, notifies the measure in a duty
table mentioning the names of producer(s) / exporter(s) of the product under
consideration.

16.102. At times requests are filed by interested parties particularly Producer(s)
/ Exporter(s) for change in name in the Duty Table of Final Finding and for
corresponding change in the relevant Custom Notification on account of various
reasons viz merger / de-merger /acquisition, change in ownership structures /
share holding pattern, change in requirement of law of a member country etc.
21 Clarification vide Customs Notification No.32/2016-Customs (ADD) dated July 14, 2016 regarding Final Finding in
Sunset Review of anti-dumping duty imposed concerning imports of Viscose Filament Yarn originating in or exported
from China PR, F.N.15/23/2010-DGAD dated February 24 2012.
,

383