Page 428 - MANUAL OF SOP

Review Investigations

the applicant domestic industry during hearing that the case is not fit for initiation
of sunset review investigation,a speaking order for termination/closure stating the
reasons therein, must be communicated to the applicant.

17.22. In case sufficient evidence is found in the application for consideration of
initiation of Sunset Review, a Notification should be issued with the approval of the
DG. The procedure for issue of notification is described in Chapter 6 of this Manual.

17.23. A DO Letter should be sent to TRU enclosing the initiation notification with
a request to take necessary action for extension of duty by one year (or less) in terms
of Section 9 A(5). In case the sunset review has been initiated when the existing
duties are still valid for many more months, TRU may be advised not to issue a
notification for extension of duty and the same may followed up subsequently
depending on the need to take extension in issuance of final finding.

17.24. At all times, the final finding should be issued well within the validity of
duty notification so that there is no time gap in the existing and extended duties.
There have been directions by the Hon’ble Supreme Court and High Court of Delhi
that extension can take place only when the duty notification to be extended is
valid on the day of extension . This becomes complicated because in terms of the
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second proviso to Section 9A(5), the anti-dumping duty may continue to remain in
force pending the outcome of such a review for a further period not exceeding one
year, whereas the period available for completion of the investigation is 12 months
which could be extended by 6 months i.e. up to 18 months with the approval of
Government in special circumstances. In such a situation while the Authority has a
legal backing to issue final finding in 18 months, but duty can only be extended for
12 months. This issue is sub-judice as on date.

17.25. The Authority has the discretion to initiate the case against all the subject
countries or only against some countries, even though application could have
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been made against all the countries. Further, even when the initiation is done
against many subject countries, the investigation could result in recommendation
of duty against some or all, depending on the facts and merit of the case.

11 Union of India v Kumho Petrochemical Co. Ltd, (2017) 8 SCC 307 (Supreme Court of India).
12 Initiation of Sunset Review only against China and USA in Anti-dumping investigations on the import of
Peroxosulphate from or originating in China& USA, F.No. 7/5/2018-DGAD dated March 20, 2018; Initiation of sunset
review only against Saudia Arabia and the USA in Anti-dumping investigations on the import of Caustic Soda from
Saudia Arabia, USA F. No. 7/16/2017-DGAD dated November 20, 2017.

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