TMI BlogAmends Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995X X X X Extracts X X X X X X X X Extracts X X X X ..... , namely :- 1. (1) These rules may be called the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Amendment Rules, 2011. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (herein after referred to as the said rules), for rule 4, the following shall be substituted, namely: ―4. Duties of the designated authority . It shall be the duty of the designated authority, in accordance with these rules, (a) to investigate as to the existence, degree and effec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d authority shall review the need for the continued imposition of any anti-dumping duty, where warranted, on its own initiative or upon request by any interested party who submits positive information substantiating the need for such review, and a reasonable period of time has elapsed since the imposition of the definitive anti-dumping duty and upon such review, the designated authority shall recommend to the Central Government for its withdrawal, where it comes to a conclusion that the injury to the domestic industry is not likely to continue or recur, if the said anti-dumping duty is removed or varied and istherefore no longer warranted. (1B) Notwithstanding anything contained in sub-rule (1) or (1A), any definitive antidumping duty lev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... constituents of the domestic industry are to be carried out for this purpose. (4) The following elements of cost of production are required to be examined for working out the noninjurious price, namely: (i) The best utilisation of raw materials by the constituents of domestic industry, over the past three years period and the period of investigation, and at period of investigation rates may be considered to nullify injury, if any, caused to the domestic industry by inefficient utilisation of raw materials. (ii) The best utilisation of utilities by the constituents of domestic industry, over the past three years period and period of investigation, and at period of investigation rates may be considered to nullify injury, if any, cause ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... justification of various expenses cl aimed for the period of investigation may be examined and scrutinised by comparing with the corresponding amounts in the immediate preceding year. (vii) The expenses, which shall not to be considered while assessing non-injurious price include, a) research and development Provisions (unless claimed and substantiated as related to the product specific research); b) since non-injurious price is determined at ex-factory level, the post manufacturing expenses such as commission, discount, freight- outward etc.at ex-factory level; c) excise duty, sales tax and other tax levies on sales; d) expenses on job work done for other units; e) royalty, unless it is related to technical know-how for the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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