Page 390 - Manual Of Operating Practices For Trade Remedy Investigations

Disclosure Statement & Final Finding

reasonably be investigated, and any selection, of exporters, producers,
or types of articles, made under this proviso shall preferably be made in
consultation with and with the consent of the exporters, producers or
importers concerned:

Provided further that the designated authority shall, determine an individual
margin of dumping for any exporter or producer, though not selected initially,
who submit necessary information in time, except where the number of
exporters or producers are so large that individual examination would be
unduly burdensome and prevent the timely completion of the investigation.

(4) The designated authority shall issue a public notice recording its final
findings.

SIGNIFICANCE
16.19. The whole investigation culminates into a Final Finding Notification wherein
duty recommendation, continuation or termination is advised by the Directorate. It is
a well-reasoned speaking order on the basis of which Department of Revenue issues
a notification for levy of duty. Final findings are in the nature of recommendations
only and duty, if levied, by the Central Government is from the date of issue of such
duty notification. The recommendation may be positive i.e. levy of duty; negative
i.e. zero duty or it may be in form of termination in terms of Rule 14 of the Rules.
The Central Government may accept or reject recommendations of the Designated
Authority.

OPERATING PRACTICES
16.20. The Final Findings should be issued as per the timelines indicated in Circular
No.2 dated 27.2.2018 and revised vide O.M. No.4/7/2018 dated 12.4.2018,
annexed herewith.

16.21. Time Period: Rule 17(1) of Anti-Dumping Rules provide that the Final Findings
must be issued within one year from the date of initiation. The time limit can be
extended further by 6 months under special circumstances as provided under the
proviso to Rule 17(1). For an extension, a written request giving details, reasons
and sufficient grounds should be submitted to Department of Revenue, Ministry of
Finance. The request for extension should be made prior to the expiry of due date
of issuance of Final Finding.

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