Page 424 - MANUAL OF SOP

REVIEW INVESTIGATIONS CHAPTER 17

INTRODUCTION

17.1. Under Section 9A (5) of the Act, an anti-dumping duty imposed on
a product shall cease to have effect on the expiry of five years from date
of such imposition. Further in line with Article 11 of the ADA a duty shall
remain in force only as long as and to the extent necessary to counteract
dumping which is causing injury .
1
17.2. There are three types of methodology provided in the ADA and the
Rules by which an Authority can carry out review of anti-dumping duties.
These are as follows:

SN Review Provisions
ADA Rules
1 Sunset Review Article 11.3 Rule 23 (1B)
2 Mid-Term Review Article 11.2 Rule 23 (1A)
3 New-Shipper Review Article 9.5 Rule 22 (1)

SIGNIFICANCE
17.3. Sunset Review: This allows the existing anti-dumping duties to
be extended further for 5 years on determination that cessation of existing
duty is likely to lead to continuation or recurrence of dumping and injury to
the domestic industry.

17.4. Mid-term review: This allows interim review of the existing duties
on determination of changed circumstances. The applicant can be domestic
industry asking increase in duties or exporter/importer asking reduction
or termination of duties on the basis of positive evidence substantiating
change of circumstances. In some cases, the parties can ask for exclusion
of some product variants from the existing scope of the PUC.

1 Please refer for Para XVII of Chapter 24 for WTO Jurisprudence.

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