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Review Investigations
17.42. The methodology for conducting MTR investigation, is broadly similar to
that of original antidumping investigation . The investigation has to be completed
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within a period of 12 months.
17.43. The Applicant is required to substantiate the Application with positive
evidence showing the need for review of the original investigation due to “lasting
nature of changed circumstance”.
17.44. The important distinguishing feature in initiation of Mid-term review
Investigation vis-à-vis original investigation in the matter of increased/decreased/
discontinuation of duty, is that there is a need to undertake likelihood analysis to
examine impact of the review sought by the applicant.
17.45. An opportunity of personal hearing may be given to the Applicant for
presenting their case to the Designated Authority. Subsequent to the hearing and
examination of the submissions, if the Authority comes to the conclusion that the
case is not fit for initiation, a speaking order for termination must be communicated
to the applicant.
17.46. In case prima facie sufficient evidence is found in the application for initiation
of Mid-term Review, a Notification should be issued with the approval of the DG as
per the procedure described in Chapter 6 of this Manual.
17.47. There is a flexibility with the Authority to receive application for Mid-
term review against all the subject countries or only against some of the subject
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countries. Further, even when the initiation is done against many subject countries,
the investigation could result in recommendation/ modification of duty against
none, some or all, depending on the facts and merit of the case.
17.48. The Mid-term review investigation requires the analysis of dumping, injury
as well as likelihood analysis (as described in aforesaid paras), of continuation or
recurrence of dumping and injury .
28
17.49. In Mid-term review investigation, the authority can arrive at a conclusion
for modification by way or increase or decrease of existing Anti-dumping Duties
imposed vide original investigation.
26 Directorate General of Anti-Dumping and Allied duties, Trade Notice 1 of 2010, F. No. 10/18/2003-DGAD (May
17, 2010).
27 Final Finding in Second Mid-term Review Anti-dumping investigations on the import of Caustic Soda from Saudia
Arabia, USA, Iran, Japan and France, F. No. 15/2/2010 dated June 20, 2017.
28 Please refer to Para XVII of Chapter 24 for WTO Jurisprudence.
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