Page 438 - MANUAL OF SOP
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Review Investigations
goods made by the NSR applicant till the review is completed in accordance with
Rules.
17.68. The methodology for conducting New Shipper Review investigation, is
broadly similar to that of original antidumping investigation, however, the New
Shipper review investigation has to be completed expeditiously. Even though no
specific time period is mentioned, it is understood that it should be done faster
than the original and review investigations. The timelines for finalisation of NSR
have been given in Circular No. 2 dated 27.2.2018. All the process of Initiation,
Hearing, Disclosure, Final Finding notification has to be duly followed as applicable
for original investigation.
17.69. The New Shipper Review investigation require calculation ofonly dumping
margin for the applicant producer/exporter and not injury margin. For quantifying
the duty for applying “Lesser Duty Rule”, the injury margin is taken from the original
investigation.
17.70. In case the Authority had used sampling methodology in original
investigation, the duty rates given to co-operative un-sampled exporter may also be
considered for the NSR applicant with the approval of the Authority.
17.71. Anti-dumping duties cannot be imposed with a retrospective effect pursuant
to a NSR .
32
32 H & R Johnson v Union of India, 2008 (129) ECC 70 (High Court of Delhi).
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