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Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidised Articles and for Determination of Injury) Amendment Rules, 2020.

..... xercise of the powers conferred by sub-section (7) of section 9 and sub-section (2) of section 9B of the Customs Tariff Act, 1975 (51 of 1975), the Central Government hereby makes the following rules further to amend the Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidised Articles and for Determination of Injury) Rules, 1995, namely :- 1. Short title and commencement. - (1) These rules may be called the (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 Countervailing Duty on Subsidised Articles and for Determination of Injury) Rules, 1995,- (a) in rule 2,- (i) in clause (b),- (A) for the po .....

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..... dentical or alike in all respects to the article under investigation or in the absence of such an article, another article which although not alike in all respects, has characteristics closely resembling those of the article under investigation; (cb) period of investigation means the period during which the existence of subsidisation is examined. ; (iii) in clause (d), for the word, figure and letter section 9A , the word and figure section 9 shall be substituted ; (b) in rule 6, after sub-rule (5), the following sub-rule and Explanation shall be inserted, namely:- (6) The designated authority shall avoid any publicising of the application for the initiation of an investigation, unless a decision has been made to initiate an investigation. .....

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..... tion periodically to monitor the undertaking and take steps for onsite verification of the same, if required: Provided further that in case of any violation of an undertaking, the designated authority shall, as soon as possible, inform the Central Government of the violation of the undertaking and recommend immediate application of provisional measure using the best information available and in cases of violation, definitive duties may be levied in accordance with these rules on product entered for consumption not more than ninety days before the application of such provisional measures but no such retroactive assessment shall apply to imports entered before the violation of the undertaking. ; (f) in rule 22, in sub-rule (2), after the prov .....

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..... nitiated before that period either on its own initiative or upon a duly substantiated request made by or on behalf of the domestic industry within a reasonable period of time prior to the expiry of that period, that the expiry of the said countervailing duty is likely to lead to continuation or recurrence of subsidisation and injury to the domestic industry, make recommendation for extending the period of such imposition in accordance with provisions of section 9 of the Act. (4) Any review initiated under sub-rule (1) shall be concluded within a period not exceeding twelve months from the date of initiation of such review. (5) The provisions of rules 6,7,8,9,10,11,12,13,16,17,18,19,20,22 and 23 shall apply mutatis mutandis in case of review .....

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..... inishing or completion operation is less than thirtyfive percent of the cost of assembled, finished or complete article. Explanation I. - Value means the cost of assembled, complete or finished article less value of imported parts or components. Explanation II. - For the purposes of calculating the value , expenses on account of payments relating to intellectual property rights, royalty, technical know- how fees and consultancy charges, shall not be taken into account. (b) where an article subject to countervailing duty is imported into India from country of origin or country of export notified for the levy of countervailing duty after being subjected to any process involving alteration of the description, name or composition of an article, .....

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..... thing contained in sub-rule (1), the designated authority may initiate an investigation on its own initiative if it is satisfied from the information received from the Commissioner of Customs appointed under the Customs Act, 1962 (52 of 1962) or any other source that sufficient evidence exists as to the existence of the circumstances pointing to circumvention of countervailing duty in force. (4) The designated authority may initiate an investigation to determine the existence and effect of any alleged circumvention of the countervailing duty in force: Provided that the designated authority shall notify the Government of the exporting country before proceeding to initiate such an investigation. (5) The provisions regarding evidence and proce .....

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..... s own initiative or, upon request by any interested party which submits necessary information substantiating the need for the review provided that a reasonable period of time has elapsed since the imposition of the measures, and upon such review make recommendations to the Central Government. (2) Any review initiated under sub-rule (1) shall be concluded within a period not exceeding twelve months from the date of initiation of such review. . [F. No.334/2/2020-TRU] (Gaurav Singh) Deputy Secretary to the Government of India Note.- The principal rules were notified vide Notification No.1/1995-Customs (N.T), dated the 1st January, 1995, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 2(E .....

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