Major stages of the anti-dumping investigation process

17/12/2022 11:05 - 16 Views

An Application received by the Director General is dealt with in the following manner:


A. Pre-initiation:

The application is scrutinized to ensure that it is fully documented and provides sufficient evidence for initiating an investigation.


B. Initiation:

The application is examined to ensure that it been made by or on behalf of the Domestic Industry. It also examines the accuracy and adequacy of the evidence provided in the application and when satisfied that there is sufficient evidence regarding dumping, injury and causal link, a notification is issued initiating an investigation.


C. Public Notice & Inspection Folder:

A public notice is issued to the interested parties for filing responses. The non- confidential versions of all the applications/responses is kept open for inspection for the interested parties in the form of a inspection folder.


D. Preliminary Findings:

The Authority will proceed expeditiously with the conduct of the investigation and may, in appropriate cases, make a preliminary finding containing the detailed information behind the determination.


E. Provisional Duty:

A provisional duty not exceeding the margin of dumping or injury, whichever is less, may be imposed by the Central Government on the basis of the preliminary finding recorded by the Authority. The provisional duty can be imposed only after the expiry of 60 days from the date of initiation of investigation. The provisional duty will remain in force only for a period not exceeding 6 months, extendable to 9 months under certain circumstances.


F. Oral Evidence & Oral Hearing

Interested parties who participate in the investigation can present the relevant information orally. However, such oral information shall be taken into consideration only when it is subsequently reproduced in writing. The Director General may grant oral hearing anytime during the course of the investigation.


G. Disclosure of information:

Based on these submissions and evidence gathered during the investigation and verification thereof, the Authority will determine the basis of its final findings. However, the Authority will inform all interested parties of the essential facts, which forms the basis for its decision before the final finding is made.


H. Final Determination:

The interested parties submit their response to the disclosure statement issued by the Authority. The Director General examines these final submissions of the parties and comes out with final findings.


I. Duty Notification

A copy of the Final Findings is sent to the Tax Research Unit in Department of Revenue which, in turn, notifies the duty within a period of 90 days from the date of Final Finding after obtaining approval of the competent authority.


J. Time-limit for Investigation Process

Normal time allowed by the statute for conclusion of investigation and submission of final findings is one year from the date of initiation of the investigation. The above period may be extended up to period of 6 months, in exceptional circumstances, by the Central Government.

Quảng cáo sản phẩm