1. LEGAL  PROVISIONS

Rule 22 (Article 9.5 of the ADA) allows a new exporter (as defined) to apply for a review for determination of an individual dumping margin for the applicant exporter.

Margin of dumping, for exporters not originally investigated.-

(1) If a product is subject to anti-dumping duties, the designated authority shall carry out a periodical review for the purpose of determining individual margins of dumping for any exporters or producers in the exporting country in question who have not exported the product to India during the period of investigation, provided that these exporters or producers show that they are not related to any of the exporters or producers in the exporting country who are subject to the anti-dumping duties on the  product.

(2) The Central Government shall not levy anti-dumping duties under sub-section (1) of section 9A of the Act, on imports from such exporters or producers during the period of review as referred to in sub-rule (1) of this rule:

Provided that the Central Government may resort to provisional assessment and may ask a guarantee from the importer if the designated authority so recommends and if such a review results in a determination of dumping in respect of such products or   exporters, it may levy duty in such cases retrospectively from the date of the initiation of the review.

2. OPERATING PRACTICES

The NSR can be initiated by the Authority on receipt of an Application31 from the new exporter/shipper.

The NSR can be filed and initiated only before the expiry of existing duty. The application can be filed any time after the imposition of Duty but 12 months before the expiry of the existing anti-dumping duties as per the timelines prescribed.

NSR is filed only for limited purpose of seeking individual duty by an exporter from the exporting country against whom duty has been imposed.

The essential requirement for such an exporter is that he should not have exported the subject goods to India during the POI of the previous original/review investigation and neither related to any producer/exporter who have exported the subject goods to India during the original/review investigation. For related party details, please refer to chapter 19 of this manual.

It may be desirable that the exporter has some track records of actual exports to India on the date of filing of NSR application in order to establish its credible intent to export to India. This is in line with the fact that similarly placed producers/exporters are not considered for individual rate if these units have not exported during POI of an anti-dumping investigation.

After establishing the eligibility of the applicant(s) from a subject country, the next step is determination of Period of Investigation. The details regarding POI determination may be referred at chapter 5 of this manual.

The PUC for NSR investigation is the same as that of the original/review investigation against which the NSR is being filed.

After the prima facie examination of the information submitted by the applicant and finding sufficient justification for initiation of a New-shipper review investigation in accordance with the provisions of Rule 22 of the Anti-Dumping Rules, the Authority recommends provisional assessment on all exports of subject goods made by the NSR applicant till the review is completed in accordance with Rules.

The methodology for conducting New Shipper Review investigation, is broadly similar to that of original antidumping investigation, however, the New Shipper review investigation has to be completed expeditiously. Even though no specific time period is mentioned, it is understood that it should be done faster than the original and review investigations. The timelines for finalisation of NSR have been given in Circular No. 2 dated 27.2.2018. All the process of Initiation, Hearing, Disclosure, Final Finding notification has to be duly followed as applicable for original investigation.

The New Shipper Review investigation require calculation ofonly dumping margin for the applicant producer/exporter and not injury margin. For quantifying the duty for applying “Lesser Duty Rule”, the injury margin is taken from the original investigation.

In case the Authority had used sampling methodology in original investigation, the duty rates given to co-operative un-sampled exporter may also be considered for the NSR applicant with the approval of the Authority.

Anti-dumping duties cannot be imposed with a retrospective effect pursuant to a NSR.

Source: Manual Of Operating Practices For Trade Remedy Investigations