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Clause 17

Document type
Other
Dated
Category
Customs-Anti-Dumping (Articles & Annexures)

Final findings

 

(1)
The designated authority shall, within one year from the date of initiation of an investigation, determine as to whether or not the article under investigation is being dumped in India and submit to the Central government its final finding

    (a) as to,-

      (i) the export price, normal value and the margin of dumping of the said article;

      (ii) whether import of the said article into India, in the case of imports from specified countries, causes or threatens material injury to any industry established in India or materially retards the establishment of any industry in India;

      (iii) a causal link, where applicable, between the dumped imports and injury;

      (iv) whether a retrospective levy is called for and if so, the reasons therefore and date of commencement of such retrospective levy;

      Provided that the Central Government may, in circumstances of exceptional nature, extend further the aforesaid period of one year by six months;

      Provided further that in those cases where the designated authority has suspended the investigation on the acceptance of a price undertaking as provided in rule 15 and subsequently resumes the same on violation of the terms of the said undertaking, the period for which investigation was kept under suspension shall not be taken into account while calculating the period of said one year.

    (b) recommending the amount of duty, which, if levied, would be adequate to remove the injury where applicable, to the domestic industry.

(2)
The final finding if affirmative, shall contain all information on the matter of facts and law and reasons, which have laid to the conclusion and shall also contain information regarding-

    (i) the names of the suppliers, or when this is impracticable, the supplying countries involved;

    (ii) a description of the product which is sufficient for customs purposes;

    (iii) the margins of dumping established and a full explanation of the reasons for the methodology used in the establishment and comparison of the export price and the normal value;

    (iv) considerations relevant to the injury determination; and

    (v) the main reasons leading to the determination.

(3)
The designated authority shall determine an individual margin of dumping for each known exporter or producer concerned of the article under investigation. Provided that in cases where the number of exporters, producers, importers or types of articles involved are so large as to make such determination impracticable, it may limit its findings either to a reasonable number of interested parties or articles, by using statistically valid samples based on information available at the time of selection, or to the largest percentage of the volume of the exports from the country in question which can reasonably be investigated, and any selection, of exporters, producers, or types of articles, made under this provision shall preferably be made in consultation with and with the consent of the exporters producers or importers concerned.

Provided further that the designated authority shall, determine and individual margin of dumping for any exporter or producer, though not selected initially, who submit necessary information in time, except where the number of exporters or producers are so large that individual examination would be unduly burdensome and prevent the timely completion of the investigation.

(4)
The designated authority shall issue a public notice recording its final findings.

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