Stages of countervailing investigation process

16/12/2022 11:30 - 17 Views

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

A. Pre-initiation scrutiny and consultation:

The application is scrutinized to ensure that it is fully documented and provides sufficient evidence for initiating an investigation. Pre-initiation consultation is then held with the respective Governments as per the obligations under the ASCM provisions

B. Initiation:

The Authority determines that the application has 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 subsidies, injury and causal link, a notification is issued initiating an investigation.

C. Public Notice & Inspection Folder: 

Apublic Notice is issued inviting all concerned parties to file response. The Authority provides access to all the interested parties for the non-confidential evidence presented to it by various interested parties in the form of a public file, which is available for inspection on request after receipt of the responses.

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 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 4 months.

F. Oral Evidence & Oral Hearing:

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

G. Disclosure of Facts

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, before the final finding is made.

H. Final Determination:

The interested parties submit their response to the disclosure statement issued by the Authority. The Authority examines all submissions of the interested 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.

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