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Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Second Amendment Rules, 2021

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..... ty on Subsidized Articles and for Determination of Injury) Rules, 1995 , namely :- 1. Short title and commencement. - (1) These rules may be called the Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Second Amendment Rules, 2021. (2) These rules 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 Subsidized Articles and for Determination of Injury) Rules, 1995 , after rule 1 [28], the following rules shall be inserted, namely:- 2 [29]. Anti-absorption review. (1) A countervailing duty imposed under section 9 o .....

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..... for the countervailing duty to expire. 3 [30 ]. Initiation of investigation to determine absorption. (1) Except as provided herein below, the designated authority may initiate an investigation to determine the existence and effect of any alleged absorption of the countervailing duty levied under section 9 of the Act, upon receipt of a written application by or on behalf of the domestic industry or by any other interested party. (2) The application shall, inter-alia, contain sufficient evidence as regards the existence of circumstances referred in sub-rule (1) 4 [ of rule 29 ] to justify initiation of an anti-absorption investigation. (3) Notwithstanding anything contained in sub-rule (1), the designated authority may initi .....

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..... l circumstances, for reasons to be recorded in writing, the Central Government may extend the said period for another three months. 6 [31 ]. Determination of Absorption . (1) The designated authority, upon determination that absorption of countervailing duty exists, may recommend modification of the form or basis of the duty, or the quantum of countervailing duty, or both, to imports of articles found to be absorbing an existing countervailing duty and such modification may apply retrospectively from the date of initiation of the investigation under rule 7 [ 30 ] . (2) The designated authority shall issue a public notice recording its findings. (3) The Central Government may, pursuant to the recommendations made by the desig .....

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