Page 501 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

(i) Producers of the subject merchandise;
(ii) Holding companies or parent companies;

(iii) Producers of an input that is primarily dedicated to the production of the
downstream product; or
(iv) A corporation producing non-subject merchandise that otherwise transfers
a subsidy to a respondent.

REVIEWS OF CVD

20.89 Section 9(6) of the Act and Rule 24 of the CVD Rules provide for a Review
mechanism of the countervailing duties.

20.90 Section 9(6) of the CVD Act reads as under:

“(6) The countervailing duty imposed under this section shall, unless revoked
earlier, cease to have effect on the expiry of five years from the date of such
imposition :

Provided that if the Central Government, in a review, is of the opinion that
the cessation of such duty is likely to lead to continuation or recurrence of
subsidization and injury, it may, from time to time, extend the period of such
imposition for a further period of five years and such further period shall
commence from the date of order of such extension :

Provided further that where a review initiated before the expiry of the
aforesaid period of five years has not come to a conclusion before such
expiry, the countervailing duty may continue to remain in force pending the
outcome of such a review for a further period not exceeding one year.”

20.91 Rule 24 of the CVD Rules reads as under:

“(1) The designated authority shall, from time to time, review the need for
continued imposition of the countervailing duty and shall, if it is satisfied on
the basis of information received by it that there is no justification for the
continued imposition of such duty or additional duty, recommend to the
Central Government for its withdrawal.

(2) Any review initiated under sub-rule (1) shall be concluded within a period
not exceeding 12 months from the date of initiation of such review.

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