Page 433 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

17.37. The scope of the review inquiry by the Designated Authority is limited to
the satisfaction as to whether there is justification for continued imposition of
such duty on the information received by it. By its very nature, the review inquiry
should be limited to see as to whether the conditions which existed at the time of
imposition of anti-dumping duty have altered to such an extent that there is no
longer justification for continued imposition of the duty. The inquiry is limited to
the change in the various parameters like the normal value, export price, dumping
margin, fixation of non-injurious price and injury to domestic industry .
24
17.38. The scope of Mid-term Review covers the following:

(i) Withdrawal/modification of existing AD duties on the ground
of changes in the normal value, export price, non-injurious price,
dumping margin or injury margin which are of lasting nature;
(ii) Change in the name of the producer/exporter;
(iii) Change in the form of duty;

(iv) Exclusion of products from scope of PUC; and
(v) Any other specific amendment/modification to the Final Findings.

17.39. The MTR can be initiated only during the tenure of thee xi sting duty. The
application must be filed between 12 months to 42 months from the date of
imposition of duty. The time for filing MTR application was earlier also mentioned
in Trade notice No.1/2004 dated 15.3.2004 and Trade Notice 1/2010 dated
17.5.2010, which are in force to the extent they are not contrary to the present
timeline instructions contained in Circular No. 2 dated 27.2.2018.

17.40. The Product under Consideration can be modified in a Mid Term Review
investigation on a specific request from interested parties seeking exclusion of some
product types from whole of the PUC. In no case the scope of product can be
widened or enlarged. Refer chapter-2 for discussion on PUC.

17.41. An application to review the duties/scope can be filed by any interested
party such as domestic industry or exporters or importers,users or associations on
25
behalf of their members .

24 Rishiroop Polymers Pvt. Ltd. v Designated Authority and Additional Secretary, (2006) 4 SCC 303 (Supreme Court
of India).
25 Indian Graphite Manufacturers Association v Designated Authority, 2006 (199) ELT 722 (CESTAT, New Delhi).

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