Procedure for New Shipper Review ('NSR') Investigations Streamlined

[DGTR Trade Notice: 01/2019 dated 29 January 2019]

Subject: Streamlining of the procedure for New Shipper Review ('NSR') Investigations

No. 4/3/2019-DGTR - Attention of the Trade and Industry is invited to provisions of Rule 22 of the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, pertaining to New Shipper Review. In order to streamline the procedure with respect to NSR investigations, the following guidelines are being issued:

a) The NSR application shall be filed in the format prescribed in Trade Notice No. 08/2018 dated 15.04.2018;

b) The NSR application shall be considered for initiation in the calendar month immediately following the anniversary month or the semiannual anniversary month if the request for the review is made during the 6-month period ending with the end of the anniversary month or the semiannual anniversary month (whichever is applicable). The semiannual anniversary month is the calendar month which is 6 months after the anniversary month;

c) The NSR application shall be entertained by the Authority only if the NSR applicant has undertaken actual exports to India in "commercial quantities" for the product concerned before making the application;

d) The Authority shall generally consider the past or retrospective period as period of investigation for the NSR investigation. However, the Authority may decide differently depending on the merits of any specific case with detailed reasoning;

e) In those cases, where sampling methodology was followed during the original investigation/mid-term review investigation/sunset review investigation, the duty rate determined for non-sampled cooperating producer/exporter may be extended to the NSR applicant subject to fulfilment of all the requisite conditions;

f) The Authority shall make its final determination in an expeditious manner within one year from the date of initiation of NSR investigation and submit its final findings to the Central Government. However, in exceptional cases, the aforesaid period of one year may be extended further by six months.

2. This trade notice shall be applicable to all NSR applications filed after the date of issue of this Trade Notice. This will supersede all previous instructions or Trade Notices, if any, issued by the Directorate with regard to the aforesaid subject.