Recent changes to the regime in trade remedy investigation
15/12/2022 08:50
Over the past few years, the DGTR has taken multiple steps to streamline the information to be filed by interested parties during a trade remedy investigation. Considering genuine difficulties faced by parties and the voluminous information required for an investigation, the DGTR has simplified the application format for Indian industry and the questionnaire format for foreign producers and exporters, importers, user industry and fragmented Indian industries. To promote digitalisation, the DGTR is currently working on overhauling a web portal for filing the application, questionnaire responses and other information. This will enable seamless dissemination of information within the DGTR and ensure ready availability of public version submissions to all interested parties.
Another recent change relates to the amendment of the Anti-dumping Rules in 2021 whereby the timeline for completion of an expiry review investigations has been revised. As per amended Rule 22, the expiry review shall be completed at least three months prior to expiry of anti-dumping duty under review. This amendment was introduced to make the legal framework consistent with the judgment of the Supreme Court titled Union of India v. Kumho Petrochemicals Company Ltd.
Regarding circumvention investigations, the central government has now permitted the DGTR to recommend provisional assessment of import during a circumvention of duty investigation. This provisional assessment of imports will empower the DA to extend immediate relief to the domestic industry being adversely impacted due to circumvention of existing duty. More importantly, the central government has recently introduced a detailed framework to tackle absorption of anti-dumping and countervailing duty imposed earlier. As per the Rules, existing duty is absorbed where the export price of the article decreases post imposition of anti-dumping or countervailing duty without any commensurate change in cost of production or export price to countries other than India or the resale price of the article in India imported from the exporting countries. In terms of the timeline, the Indian industry may file an application seeking initiation of anti-absorption normally within two years from the date of imposition of definitive duty. Further, no anti-absorption application shall be entertained with less than a 12-month period remaining for definitive duty to expire.
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- Practices of Anti-dumping investigation by India (15/12/2022)
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