Page 294 - MANUAL OF SOP

DETERMINATION OF INJuRY MARgIN CHAPTER 10

LEGAL PROVISIONS

10.1. Article 9.1 of the ADA provides as follows:
“The decision whether or not to impose an anti-dumping duty in
cases where all requirements for the imposition have been fulfilled,
and the decision whether the amount of the anti-dumping duty
to be imposed shall be the full margin of dumping or less, are
decisions to be made by the authorities of the importing Member.
It is desirable that the imposition be permissive in the territory of
all Members, and that the duty be less than the margin if such
lesser duty would be adequate to remove the injury to the domestic
industry.”

1
10.2. Corresponding Rule 4 (1)(d) and Rule 17(1)(b) of the Anti-Dumping
Rules 1995 read as under:

“Rule 4(1)(d): Duties of the designated authority. -
(1) It shall be the duty of the designated authority in accordance
with these rules-

(d) to recommend to the Central Government –
(i) the amount of anti-dumping duty equal to the margin of
dumping or less, which if levied, would remove the injury to
the domestic industry, after considering the principles laid
down in the Annexure III to these rules; and
(ii) the date of commencement of such duty;

“Rule 17(1)(b): Final Findings
Recommending the amount of duty which, if levied, would
1 Introduced in 1999 vide Customs Notification No.44/99- Cus. (T.N) Dated 15-07-1999

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