Page 264 - MANUAL OF SOP

DETERMINATION OF NON-INJuRIOuS PRICE (NIP) CHAPTER 9

LEGAL PROVISIONS

9.1 The provisions for determination of NIP are provided in Annexure-
III to Rule 4(1)(d)(i) and Rule 17(1)(b) of the Anti-Dumping Rules .The
1
Annexure-III was notified on 1 March, 2011 after the decision of the
st
Hon’ble Supreme Court in the case of Reliance Industries v. Designated
Authority and Ors .
2
9.2 Rule 17(1)(b) is reproduced as under:
Final findings. –
(1) The designated authority shall, within one year from the
date of initiation of an investigation, determine as to
whether or not the article under investigation is being
dumped in India and submit to the Central Government its
final finding –
(a) ………
(b) Recommending the amount of duty which, if levied,
would remove the injury where applicable, to the
domestic industry after considering the principles
laid down in the Annexure III to rules .
3
9.3 The provisions of Annexure-III are reproduced as follows:

“PRINCIPLES FOR DETERMINATION OF NON-INJURIOUS PRICE
(1) The designated authority is required under sub-rule (1) of
rule 17 to recommend the amount of anti-dumping duty

1 Notified by the Amendment in the Custom Tariff (Identification, Assessment and Collection of Anti-
Dumping Duty on Dumped Articles and for Determination of Injury) Rules, Gazette of India, Notification
No. 15/2011-Customs (N.T) (March 1, 2011).
2 Reliance Industries v Designated Authority, (2006) 10 SCC 368 (Supreme Court of India).
3 Notification No.15/2011-Customs (N.T.) dated 01.03.2011

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