TMI BlogCustoms Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidised Articles and for Determination of Injury) Amendment Rules, 2020.X X X X Extracts X X X X X X X X Extracts X X X X ..... toms 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 portion beginning with the words means the domestic producers and ending with the words not to form part of domestic industry , the following shall be substituted, namely:- means the domestic producers as a whole engaged in the manufacture of the like article or those whose collective output of the said article constitutes a major proportion of the total domestic production of that article, except when such producers are related to the exporters or importers of the alleged subsidised article, or like article from other countries or are themselves importers thereof: ; (B) after the proviso, the following Explanation shall be inserted, namely: - Explanation . - For the purposes of this clause, producers shall be deemed to be related to exporters or importers only if,- (a) one of them directly or indirectly controls the other; or (b) both of them are directly or indirectly controlled by a third person; or (c) together they directly or indirectly control a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le (1), for clause (c), the following clause shall be substituted, namely: - (c) has been conferred on a limited number of persons or enterprises or industries or designated geographical regions, engaged in manufacturing, producing and exporting the article. ; (e) in rule 17 , in sub-rule (6) for the proviso, the following provisos shall be substituted, namely:- Provided that the designated authority may obtain from the producer or importer information 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-ru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e in the pattern of trade between any country and India or between individual companies in any other country, subject to measures and India, as a result of a practice, process or work for which there is insufficient cause or economic justification other than the imposition of the duty, and where there is evidence of injury or that the remedial effects of the duty are being undermined in terms of the prices or quantities or both of the like product, and that the imported like product or parts thereof or both still benefit from the subsidy as determined in original or previous determination. (2) The practice, process or work referred to in the sub-rule (1) includes, inter alia,- (a) where an article subject to countervailing duty is imported into India from any country including the country of origin or country of export notified for the purposes of levy of countervailing duty, in an unassembled, unfinished or incomplete form and is assembled, finished or completed in India or in any other country, such assembly, finishing or completion shall be considered to circumvent the countervailing in force if,- (i) the operation started or increased after, or just prior to, the count ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ircumstances to justify initiation of an anti-circumvention investigation. (3) Notwithstanding anything 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 procedure provided under rule 7 shall apply mutatis mutandis to any investigation carried out under this rule. (6) Any such investigation shall be concluded within twelve months and in no case more than eighteen months of the date of initiation of investigation for reasons to be recorded in writing by the designated authority. 27. Deter ..... X X X X Extracts X X X X X X X X Extracts X X X X
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