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INVESTIGATION BY DESIGNATED AUTHORITY UNDER ANTI DUMPTING

Customs - Import - Export - SEZ - By: - Mr. M. GOVINDARAJAN - Dated:- 3-6-2015 - Section 9A of Customs Tariff Act, 1975 gives powers to the Central Government to impose an anti dumping duty which an article is exported by an exporter or producer from any country of territory to India at less than the normal value. In this regard Section 9A (6) and Section 9B (5) of the Act give powers to Central government to issue rules for the implementation of the same. The Central Government issued Rule enti .....

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f any alleged dumping in relation to import of any article; to identify the article liable for anti-dumping duty; to submit its findings, provisional or otherwise to the Central Government as to- normal value, export price and the margin of dumping in relation to the article under investigation; and the injury or threat of injury to an industry established in India or material retardation to the establishment of an industry in India consequent upon the import of such article from the specifi .....

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umping in relation to import of any article. Rule 5 provides for initiation of investigation. Rule 5(1) empowers the Designated Authority to initiate an investigation, upon receipt of a written application by or on behalf of the domestic industry. Rule 5(4) enables the Designated Authority to initiate an investigation even on suo motu. If it is satisfied from the information received from the Commissioner of Customs or from any other source that sufficient evidence exists as to the existence of .....

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her interested persons; The Designated Authority shall also provide the copy of the application to all concerned; The copy of the application shall be made available to any other interested parties who makes a request in writing; The Designated Authority may issue a notice calling for information required to any person concerned and such person shall give reply within 30 days from the date of receipt of the notice or such extended period as allowed; The Designated Authority shall also provid .....

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ration by the designated authority only when it is subsequently reproduced in writing. Rule 9 provides that the designated authority may carry out investigation in the territories of other countries, if the circumstances of a case so warrant Rule 11 provides that in the case of imports from specified countries, the designated authority shall record a further finding that import of such article into India causes or threatens material injury to any established industry in India or materially retar .....

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th the principles set out in Annexure II to these rules. Under Rule 12 the Designated Authority is entitled to record a preliminary finding, regarding the export price, nominal value and margin of dumping etc., The preliminary findings are to be published by the Designated Authority in the form of a public notice. By virtue of Rule 13 the Government may, on the basis of preliminary finding of the Designated Authority, impose a provision duty not exceeding the margin of dumping. Rule 14 provides .....

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export price; it determines that the volume of the dumped imports, actual or potential, from a particular country accounts for less than three per cent of the imports of the like product, unless, the countries which individually account for less than three per cent of the imports of the like product, collectively account for more than seven per cent of the import of the like product; or it determines that the injury where applicable, is negligible. Rule 15 provides for the suspension or termi .....

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