Page 454 - Manual Of Operating Practices For Trade Remedy Investigations

Anti-Circumvention Investigations

18.13.2 That the PUC is being imported into India in an unassembled, incomplete,
and unfinished form, and thereafter being assembled, completed and finished in
India, with the sole intention of circumventing the ADD on the PUC, and hence
recommend that the ADD on the PUC be extended to cover import of PUI which is
the unassembled, incomplete or unfinished form of the PUC.

18.13.3 That the PUC has been subjected to a process involving alteration of the
description, name or composition of an article, such that the ‘article being altered
(PUI)’ circumvents the ADD on the PUC and hence recommend that the ADD on the
PUC be extended to cover import of PUI.

18.13.4 That the producer/exporter notified for the purposes of ADD is exporting
through a producer/exporter or country of export/origin other than the producer/
exporter or country notified in the original investigation for the purposes of imposing
anti-dumping duty. The Authority may recommend extension of ADD to the PUC
being exported by such other producer/exporter or from such other country of
origin/export.

18.13.5 That the PUC is being imported into another country in an unassembled,
incomplete, and unfinished form, thereafter being assembled, completed, and
finished in such other country, and then being imported into India with the sole
intention of circumventing the ADD on the PUC, and hence recommend that the
ADD on the PUC be extended to cover imports of the PUI from such other country.

18.14. The Central Government issues the customs notification imposing duties
which are applicable for the circumventing products, or circumventing producer/
exporter, or country under investigation, in respect of which the anti-circumvention
application has been filed.

18.15. The appeal procedure is the same and lies with the CESTAT.

431