Three More Months Time Allowed for Sunset Review Petitions in Anti-dumping Cases, 270 Days before Sunset Deadline Replaced with 180 Days

[DGTR Trade Notice 02/2020 dated 20 April 2020]

Revised Timelines for Sunset Review Investigation for Anti-dumping Duty

1. Attention of the Trade and Industry is invited to Section 9A of the Customs Tariff Act, 1975 as amended from time to time and to Rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and Determination of Injury) Rules, 1995 framed thereunder, as amended.

2. Vide Trade Notice No. 02/2017 dated 12th December, 2017, the Directorate General of Trade Remedies (DGTR) had prescribed the procedure and timelines for initiating a Sunset Review investigation (SSR) under the aforesaid Act and Rules.

3. It has been observed that the prescription of time limit for filing the SSR application, i.e. either 270 days prior to expiry of measure or 240 days prior to expiry of measure with justification of delay, has brought a reasonable degree of discipline and has resulted in the SSR application being filed well before the expiry of the measure.

4. However, representations are often received from the domestic industry that on account of unavoidable circumstances, they are unable to adhere to the prescribed timeline of minimum 240 days prior to expiry of measure, in certain situations.

5. To redress this grievance of the industry, sub-paras (ii) and (iii) of para 3 of the Trade Notice No. 02/2017 dated 12th December, 2017 are, hereby, replaced by the following:

(ii) The petition/application may, however, be accepted up to 180 days prior to the date of expiry of the measure, provided the Designated Authority is satisfied with the genuineness of the difficulty faced by the domestic industry in meeting the deadline of270 days mentioned in sub-para 3 (i).

(iii) The Designated Authority may further relax the timeline prescribed in sub-para 3 (ii), up to 120 days prior to the expiry of the measure, in rare cases on account of exceptional circumstances.

6. All other terms and conditions of the Trade Notice No. 02/ 2017 dated 12 th December, 2017 remain unchanged.

7. This Trade Notice comes into effect from the date of its issue.

F.No. 4/3/2020-DGTR