Page 432 - MANUAL OF SOP

Review Investigations

Authority has initiated or rejected the initiation on case to case basis . This view has
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been confirmed by Hon’ble High Court of Delhi .
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17.33. As a matter of practice, it is normally preferred that initiation is based on an
application filed by the domestic industry after examination of prima facie existence
of sufficient grounds to do so.

MID-TERM REVIEW INVESTIGATIONS

LEGAL PROVISION
17.34. Rule 23(1A) reads as under:

(1A) The designated authority shall review the need for the continued
imposition of any anti-dumping duty, where warranted, on its own initiative
or upon request by any interested party who submits positive information
substantiating the need for such review, and a reasonable period of time
has elapsed since the imposition of the definitive anti-dumping duty and
upon such review, the designated authority shall recommend to the Central
Government for its withdrawal, where it comes to a conclusion that the
injury to the domestic industry is not likely to continue or recur, if the
said anti-dumping duty is removed or varied and is therefore no longer
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warranted .
OPERATING PRACTICE

17.35. The MTR can be initiated by the Authority on its own initiative or on receipt
of Application from the interested parties .
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17.36. The established practice of the Authority is to always conduct a
comprehensive review which includes analysis of dumping, injury, causal link and
likelihood of injury .
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19 Please refer to Para XVII of Chapter 24 for WTO Jurisprudence.
20 Kesoram Rayon v. Designated Authority &Ors W.P.(C) 146/2017; Gujrat Alkalies& Chemicals Ltd. v. Designated
Authority &Ors W.P..(C) 147/2017; Grasim Industries Ltd. V. Designated Authority &Ors W.P.(C) 247/2017; TECHFAB
India Industries Ltd. v. Designated Authority &Ors W.P.(C) 640/2017; STRATA Geosystems (India) Pvt. Ltd v. Designated
Authority &Ors W.P.(C) 641/2017;VVF (India) Limited v. The Director General of Safeguards &Ors W.P.(c) 1847/2017;
Strata Geosystems (India) Pvt Ltd &Anrv. Union of India &Anr W.P.(C) 5088/2017; Grasim Industries Ltd vs. UOI &Anr
W.P.(c) 5089/2017; Kesoram Rayon v. UOI &Anr W.P.(c)5095/2017; Aarti Drugs Ltd v. Designated Authority &Ors
W.P.(C) 7464/2017(High Court of Delhi).
21 Please refer to Para XVII of Chapter 24 for WTO Jurisprudence.
22 Please refer to Para XVII of Chapter 24 for WTO Jurisprudence.
23 The interested parties have requested to introduce practice of partial review involving only the dumping or only
the injury pertaining to an exporter only, to be done on a fast track basis, however, it is only at proposal stage under
consideration with the Directorate.

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