Page 396 - MANUAL OF SOP

Disclosure Statement & Final Finding

16.54. In case of Mid-Term Review Investigation and Anti-Circumvention
investigation, the recommendations are co terminus with the validity of duties in
the original notification.

APPEAL PROVISION
16.55. The last paragraph of the final finding notification, should mention the
appeal provision. It should be stated that “an appeal against the order of the
Central Government arising out a Final Finding shall lie before the Customs, Excise
and Service Tax Appellate Tribunal in accordance with the Customs Tariff Act”. The
appeal provision is available pursuant to the decision of Delhi High Court in those
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cases also where the Authority recommends termination of investigation.

TERMINATION OF INVESTIGATION
16.56. Rule 14 of the Rules provides as follows:

The designated authority shall, by issue of a public notice, terminate an
investigation immediately if:
(a) it receives a request in writing for doing so from or on behalf of the
domestic industry affected, at whose instance the investigation was
initiated;

(b) it is satisfied in the course of an investigation, that there is not
sufficient evidence of dumping or, where applicable, injury to justify
the continuation of the investigation;

(c) it determines that the margin of dumping is less than two per cent
of the export price;
(d) it determines that the volume of the dumped imports, actual or
potential, from a particular country accounts for less than three per
cent of the imports of the like product, unless, the countries which
individually account for less than three per cent of the imports of the
like product, collectively account for more than seven per cent of the
import of the like product; or
(e) it determines that the injury where applicable, is negligible.

8 Jindal Polyfilm Ltd. v. Designated Authority in W.P. (Civil) No. 8202/2017.

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