File Review
Petitions in Anti-dumping Cases, 9 Months before Sunset Date
[DGAD
Trade Notice No. 2 dated 12 December 2017]
1.
Attention of the Trade and Industry is invited to Section 9A of the Customs
Tariff Act, 1975 as amended in 1995 and to Rule 23 of the Customs Tariff
(Identification, Assessment and Collection of Anti-Dumping Duty on Dumped
Articles and for Determination of Injury) Rules, 1995 framed thereunder as
amended.
2.
Vide Trade Notice No. 1/2008 dated 1oth March, 2008 and Trade Notice No. 2/2011
dated 6th June, 2011, Directorate General of Anti-Dumping & Allied
Duties (DGAD) had prescribed procedure and timelines for initiating a Sunset
Review investigations (SSR) under the aforesaid Rules. However, it has been
observed that while sometime these timelines are not adhered to by the Domestic
industry or else on account of petition being deficient requiring additional
data/clarification, the decision on initiation of the requested SSR is delayed.
The delay in initiation adversely impacts timely completion of SSR and thereby
invariably requiring extension of existing Anti-Dumping Duties on the product
under consideration for complete one year beyond five years as permitted under
Rules.
3.
Keeping in view the above situations and to ensure timely examination of SS.R,
the Authority hereby prescribes the following procedure for initiating a SSR:-
(i)
The Domestic Industry
must file the petition seeking extension to continue the Anti Dumping measures
in the questionnaire available on DGTR's website i.e. www.
dgtr.gov.in, at least 270 days prior to
the date of expiry of Anti-Dumping measures.
(ii) The
petition can also be filed 240 days prior to the date of expiry of Anti-Dumping
measures with justification of delay and with payment of a late fee as
prescribed by the Authority.
(iii) Petitions
filed with less than 240 days remaining for Anti-Dumping Duty to expire shall
not be entertained.
(iv) (iv) DGAD after receipt of petition filed as per (i)
and (ii) above would in fifteen (15) working days point out deficiencies in the
petition to the petitioner.
(v) The
Domestic Industry must rectify the deficiencies pointed out by DGAD as
mentioned in (iv) above within five (5) working days from the date of receipt of
letter.
(vi) The
Authority may also provide a personal hearing to the petitioner at stipulated
date and time before considering to initiate the requested SSR investigation.
(vii)
Order of initiation
or rejection will be issued within 45 days from the date of receipt of the
petition by and large in all cases except in cases of unavoidable circumstances
arising out of administrative exigencies or policy/technical scrutiny.
(viii) Final
Findings will invariably be issued after following due procedure at least 45
days prior to the expiry of existing Anti-Dumping Duty.
4.
(i) The Petitioner may file the petition for SSR as per the prescribed normal
application format and provide the following information regarding likelihood
and recurrence under appropriate sections of Dumping and Injury respectively.
(a) Total
and surplus capacities of product under consideration in the subject countries
during the proposed Poi and 3 years prior to the proposed Pol.
(b) Quantities
and prices of exports by producers/exporters in the subject countries to ·
countries other than India. In case individual data for producers/exporter-s
especially for whom individual assessment has been done is not available,
$1-ggregated information for the subject country may be provided.
(c) Export
orientation of producers/exporters in subject countries. In case data for
producers/exporters for which individual assessment has been done is not
available aggregated information for the subject country may be given.
(d) Justification
as to why Indian market would be chosen as a destination for exports
notwithstanding (a) to (c) above after withdrawal of Anti-Dumping Duties. The
attractiveness of Indian market be justified.
(ii) The petitioner for the purpose of
SSR should consider and adopt period of investigation (Pol) of at least one
year including preferably the last completed financial quarter or else the
quarter prior to that. The Pol should essentially be an aggregation of
financial year quarters only for sake of convenience in analysis.
(iii) The Authority may also seek post
POI data subsequent to initiation if warranted.
5.
The above timelines will not apply to Anti-Dumping measures expiring before 31st
December, 2017.
6.
However as regards Anti-Dumping measures which are expiring ti1131st December;
2018, the following timelines will apply.
|
S.No. |
Expiry
date of duties |
Last
date to file SSR Petition |
|
1. |
Till
31st March, 2018 |
31st
December, 2017 |
|
2. |
1st
April 2018- 30th September, 2018 |
31st
January, 2018 |
|
3. |
1st
October, 2018-31st December, 2018 |
31st
March, 2018 |
7.
The application fee, as notified by Designated Authority, will be levied.
8.
The above procedure will supersede all previous instructions or Trade Notices
issued by the Directorate with regard to SSR investigations.
Ref:
No. 4/5/2017-DGAD
List of cases in
which duty is expiring before 31-12-2018 along with the last date to file
petition to initiate SSR
|
S.No. |
Product |
Country (ies)
involved |
Expiry date of
duties |
Last date by which
petition should be filed |
|
1 |
Meta Phenylene Diamine (MPDA) |
China PR |
21-03-2018 |
31-12-2017 |
|
2 |
Steel Wheels |
China PR |
25-03-2018 |
31-12-2017 |
|
3 |
Soda Ash |
Russia and Turkey |
17-04-2018 |
31-01-2018 |
|
4 |
Peroxosulphates (Persulphates) |
China PR & Japan |
15-05-2018 |
31-01-2018 |
|
5 |
Zinc Oxide – I |
China PR |
05-09-2018 |
31-01-2018 |
|
6 |
Sodium Perchlorate |
China PR |
05-09-2018 |
31-01-2018 |
|
7 |
Ductile Iron Pipe |
China PR |
09-10-2018 |
31-03-2018 |
|
8 |
Cefadroxil Monohydrate |
European Union |
09-10-2018 |
31-03-2018 |
|
9 |
Methylene Chloride |
EU, USA and Korea RP |
20-10-2018 |
31-03-2018 |
|
10 |
Paracetamol |
China PR & Chinese Taipei |
27-10-2018 |
31-03-2018 |
|
11 |
Vitamin-A Palmitate – I |
China PR &Switzerland |
12-11-2018 |
31-03-2018 |
|
12 |
Phosphoric Acid –Technical Grade &
Food Grade(Guangxi Quinzhou) |
China PR |
30-12-2018 |
31-03-2018 |