Page 436 - MANUAL OF SOP
P. 436
Review Investigations
17.57. Further, when there are multiple countries and an application is received
against one or two countries only that too quite late in the existence of the duty and
there are sufficient grounds to consider initiation, then in that case it may be more
preferable to initiate comprehensive review against all the subject countries, which
otherwise also would have been due within a short period of time.
17.58. If the comprehensive review is undertaken, then its outcome can be valid for
further 5 years instead of being co-terminus with the original validity. This would
obviate the need to undertake sun set review and avoid multiplicity of work causing
strain on existing shortage of human resource . This emanates from Article 11.
29
NEW SHIPPER REVIEW INVESTIGATIONS
LEGAL PROVISIONS
17.59. Rule 22 (Article 9.5 of the ADA) allows a new exporter (as defined) to apply
for a review for determination of an individual dumping margin for the applicant
exporter.
22. Margin of dumping, for exporters not originally investigated.-
(1) If a product is subject to anti-dumping duties, the designated
authority shall carry out a periodical review for the purpose of
determining individual margins of dumping for any exporters or
producers in the exporting country in question who have not exported
the product to India during the period of investigation, provided that
these exporters or producers show that they are not related to any of
the exporters or producers in the exporting country who are subject
to the anti-dumping duties on the product.
(2) The Central Government shall not levy anti-dumping duties
under sub-section (1) of section 9A of the Act, on imports from such
exporters or producers during the period of review as referred to in
sub-rule (1) of this rule:
Provided that the Central Government may resort to provisional
assessment and may ask a guarantee from the importer if the
designated authority so recommends and if such a review results in a
determination of dumping in respect of such products or exporters,
29 Please refer to Para XVII of Chapter 24 for WTO Jurisprudence.
413
