印度反倾销调查常见问题及官方答复

1、印度反倾销调查常见问题及官 方答复BackAn ti-Dumpi ng & An tisubsidy measures : FAQsII. Anti - Dump ing ProcedureQ. 1 What is the institutional arrangement in India for anti dumping, anti-subsidy and safeguard acti on aga inst un fair trade practices?Ans. Anti dump ing and anti subsidies & cou ntervaili ng measures i

2、n In dia are administered by the Directorate General of Anti dumping and Allied Duties (DGAD) functioning in the Dept. of Commerce in the Ministry of Commerce and Industry and the same is headed by the Designated Authority. The Designated Authority fun cti on, however, is only to con duct the anti d

3、ump in g/a nti subsidy & countervailing duty investigation and make recommendation to the Government for impositi on of anti dump ing or anti subsidy measures. Such duty is fin ally imposed/levied by a Notification of the Ministry of Finance. Thus, while the Department of Commerce recommends the Ant

4、i-dumping duty, it is the Ministry of Finan ce, which levies such duty.Safeguard measures, on the other hand, are adm ini stered by ano ther Authority n amely, Director Gen eral (Safeguard), which fun cti ons un der the Dept. of Reve nue, Mini stry of Finan ce. The Sta nding Board of Safeguards (cha

5、ired by the Commerce Secretary) con siders the recomme ndati ons of the DG (Safeguards) and the n recommends the impositions of the Safeguard Duty as it deems fit, to the Ministry of Finance which levies the duty.Q. 2 Who can make an applicati on for in itiati on of Anti Dump ing in vestigati on and

6、 impositi on of AD duty?Ans. Applicati ons can be made by or on behalf of the con cer ned domestic in dustry to the Designated Authority in the Dept. of Commerce for an investigation into alleged dump ing of a product into In dia. Un der the Rules a valid applicati on can be made only by those petit

7、i on ers/domestic producers who expressly support the application, and account for more than 25% of total domestic production of the like article in question.The applicati on is deemed to have bee n made by or on behalf of the domestic in dustry, if it is supported by those domestic producers whose

8、collective output constitutes more than fifty percent of the total production of the like article produced by that porti on of the domestic in dustry express ing either support for or oppositi on as the case may be, to the applicati on.However, such producers may exclude those who are related to the

9、 exporters or importers of the alleged dumped article or are themselves importers thereof. I n other words, a domestic producer who is related to the exporter or importer of the dumped article or is himself an importer thereof, may not be treated as part of the domestic industry even if he files or

10、supports an anti-dumping petition.Q.3 Who are the interested parties to an anti dumping investigation?Ans. The in terested parties to an anti dump ing in vestigati on in clude:i. the domestic industry on whose complaint the proceedings are initiated;ii. The exporters or the foreign producers of the

11、like articles subject toin vestigati on;iii. The importers of the same article allegedly dumped into In dia;iv. The Gover nment of the export ing cou ntry/ cou ntries.v. The trade or bus in ess associati ons of the domesticproducers/importers/user in dustries of the dumped product.Q.4 Who all can ap

12、pear in An ti-dump ing cases to represe nt the parties?Ans. Any represe ntative duly authorised by the petiti on er/ i nterested parties/ Associati on etc. can appear in the An ti-dump ing cases to represe nt the concerned parties.Q.5 What are the esse ntial con diti ons for in itiati on of Anti Dum

13、p ing in vestigati on?Ans. The Desig nated Authority shall not in itiate an an ti-dump ing in vestigati on unless it receives a well-documented application/petition, which should help it determ ine:a. that the domestic producers/petitioners filing the petition and/or expressly support ing the petiti

14、 on accou nt for at least 25% of total domestic production of the like article in question.The applicati on is deemed to have bee n made by or on behalf of the domestic in dustry, if it is supported by those domestic producers whose collective output constitutes more than fifty percent of the total

15、production of the like article produced by that porti on of the domestic in dustry express ing either support for or oppositi on as the case may be, to the applicati on; andb. that there is sufficie nt evide nce fur ni shed by the petiti on er/s regard ing;?Dump ing of goods in questi on;?lnjury to

16、the domestic in dustry; and?A causal li nk betwee n the dumped imports and alleged injury to the domestic in dustry.Q.6 Can the Designated Authority initiate Anti Dumping cases in respect of items suo-motu, i.e. on its own, without a petition filed by the aggrieved party ?Ans. Normally speaking, the

17、 Designated Authority initiates the proceedings for anti dump ing acti on on the basis of a petiti on received from the domestic in dustry alleging dumping of certain goods and the injury caused to it by such dumping. However, Rule 5(4) of the Anti Dump ing Rules provides for suo-motu in itiati on o

18、f anti dump ing proceed ings by the Desig nated Authority on the basis of in formati on received from the Collector of Customs appo in ted un der the Customs Act, 1962 or from any other source. In such circumsta nces, the Authority in itiates the anti dumping investigation on its own without any com

19、plaint/petition filed in this regard, provided the Authority is satisfied that sufficient evidence exists as to the existence of dump ing, injury and causal li nk betwee n the dumped imports and the alleged in jury. It is further clarified that after in itiati on, the suo-motu in vestigati on follow

20、s the same procedure as the one based on a petiti on as men ti oned in the Anti Dumpi ng Rules.Q.7 What is the information required to be submitted by the Domestic Industry for Anti Dump ing proceedi ngs?Ans. An application for investigation into any alleged dumping filed by the aggrieved domestic i

21、ndustry must contain sufficient evidence (like Bill of Entry, In voices, letter from the In dia n Missio n in the subject cou ntry/ies, data from sec on dary sources like specialized commodity jour nals etc.) as to the existe nce of dump ing in relati on to the goods imported from the subject cou nt

22、ry/ies and the fact that such dumped imports are causing or threatening to cause material injury to the Indian Industry producing the like goods or are materially retarding the establishment of an industry. Further, the information relating to the standing of the petiti oner/s as domestic in dustry

23、(Please see the an swer to Q.2) must be contained in the anti dump ing applicati on. The applicati on containing the requisite in formati on for the proceedi ngs must be made in the prescribed format devised by the Directorate General of Anti Dumping and Allied Duties and available in the said Direc

24、torate. Guidelines for filling in the application proforma and for completing the prescribed questi onn aire are formulated and in corporated in a user-frie ndly manner in the application proforma itself.Q.8 What is the period to which the information will relate; that is to say what is Period of In

25、vestigation in anti-dumping cases?Ans. All the information and evidenee furnished in the application in relation to dumping, injury and causal link must pertain to a definite period which is called the period of investigation. Broadly, there are indications that such period should not be, in any cas

26、e, less tha n six mon ths and not more tha n eightee n mon ths. It is, however, importa nt that the period take n in to con siderati on for detailed in vestigati on into dump ing and injury should be as represe ntative and as rece nt as possible. The most desirable period of investigation is a finan

27、cial year provided there is reas on able proximity betwee n the end of the finan cial year and the fili ng of the applicati on.However, for the purposes of injury an alysis, the domestic in dustry has to fur nish the releva nt data for the past three years.Q.9 What are the various stages of the in v

28、estigati on process?Ans. An Application received by the Designated Authority is dealt with in the follow ing manner:A. Prelimi nary Scree ning:The application is scrutinized to ensure that it is fully documented and provides sufficie nt evide nee for in itiat ing an in vestigati on. If the evide nee

29、 is not adequate, then a deficiency letter is issued. Unless the deficiencies are rectified, the submission made before the Authority can not be construed as an application pending before the Authority .B. In itiati on:Desig nated Authority determ ines that the applicati on has bee n made by or on b

30、ehalf of the Domestic In dustry. It also exam ines the accuracy and adequacy of the evidence provided in the application and when satisfied that there is sufficient evide nce regard ing dump ing, injury and causal li nk, a public no tice is issued in itiat ing an in vestigati on.The Initiation notic

31、e will be issued normally within 5 days from the date of receipt of a properly docume nted applicati on.C. Access to In formati on:The Authority provides access to the non-con fide ntial evide nee prese nted to it by various in terested parties in the form of a public file, which is available for in

32、spection to all interested parties on request after receipt of the responses.D. Prelim inary Findin gs:The Desig nated Authority will proceed expeditiously with the con duct of theinvestigation and shall, in appropriate cases, make a preliminary finding containing the detailed information on the mai

33、n reasons behind the determination. The preliminary finding will normally be made within 60-70 days from the date of in itiati on.E. Provisi onal Duty:A provisi onal duty not exceed ing the margin of dump ing may be imposed by the Central Government on the basis of the preliminary finding recorded b

34、y the Desig nated Authority.The provisi onal duty can be imposed only after the expiry of 60 days from the date of in itiati on of in vestigati on. The provisi onal duty will rema in in force only for a period not exceed ing 6 mon ths, exte ndable to 9 mon ths un der certa in circumsta nces.F. Oral

35、Evide nee & Public Hear ing:In terested parties who participate in the in vestigati ons can request the Desig nated Authority for an opportu nity to prese nt the releva nt in formati on orally. However, such oral in formati on shall be take n in to con siderati on only whe n it is subseque ntly repr

36、oduced in writi ng. The Authority may gra nt oral heari ng any time duri ng the course of the in vestigati on.Besides the above, the Authority holds a public hearing inviting all interested parties to make their submissi ons before it. All oral submissi ons made duri ng the hearing need to be reprod

37、uced in writing for the Authority to take the same on board.G. Disclosure of i nformatio n:Based on these submissions and evidence gathered during the investigation and verificati on thereof, the Authority will determ ine the basis of its final findin gs. However, the Desig nated Authority will in f

38、orm all in terested parties of the esse ntial facts, which form the basis for its decision before the final finding is made.H. Final Determ in ati on:The interested parties submit their response to the disclosure and the final position of the Authority take n there in. The Authority exam ines these

39、final submissi ons of the parties and comes out with final findings.I. Time-limit for Investigation ProcessNormal 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 exte nd

40、ed by the Cen tral Gover nment by 6 mon ths.Q.10 Are the interested parties to the investigation given sufficient opportunity to represe nt their case before the Authority?Ans. The anti dump ing proceed ings being quasi judicial in n ature, the Desig nated Authority meticulously follows the norms of

41、 natural justice before making the final recomme ndati on of duty.?The in terested parties to the in vestigati on are give n adequate opportu nity toreprese nt their case at several stages of in vestigati on.? The first opportu nity is provided after the in itiati on of proceed in gs. The Authority

42、duly considers the submissions of all interested parties in response to the initiation while giving its Preliminary findings.? After the imposition of provisional duty, the interested parties file their responses to the Preliminary findings and opportunity is provided to them to submit the facts and

43、 figures to the Authority at the stage of verification of their information if the same has been already filed in response to the in itiati on.? A formal Public hearing is held providing opportunities to all interested parties to make their submissi ons before it. All oral submissi ons made during t

44、he hearing need to be reproduced in writing for the Authority to take the same on board.?All these submissi ons of the differe nt in terested parties are give n duecon siderati on and on that basis the Authority issues a disclosure of essential facts which are proposed to form the basis of final fin

45、dings.? The parties to the investigation are also given the final opportunity to respond to the disclosure and represent their case before the final findings are no tified.Q.11 Can there be interim relief to the domestic industry pending levy of final anti dump ing duty? In how many days such in ter

46、im relief can be expected?Ans. Yes, the Designated Authority recommends an interim relief which is provided to the affected domestic in dustry in the form of provisi onal anti dump ing duty pending the fin alisati on of in vestigati on proceed in gs. The provisi onal anti dump ing duty is recommende

47、d by the Authority in its preliminary findings and the same is levied by the Mini stry of Finan ce, Dept. of Reve nue. This serves as immediate relief to the domestic industry against the injury caused to it by the dumping of goods. Statutorily, the provisi onal anti dump ing duty can not be levied

48、earlier tha n 60 days from the date of in itiati on of proceed in gs. The en deavor of the Desig nated Authority has bee n to recomme nd provisi onal duty immediately after the expiry of the man datory period of 60 days. That is to say, in no rmal circumsta nces, the provisional anti dumping duty is

49、 recommended in a period of 60-70 days and levied in a period of about 3 mon ths from the date of in itiati on of the proceed in gs.Q. 12. Can the anti dump ing duty be levied on a retrospective basis ?Ans. Anti dumping duty can be levied on a retrospective basis in case it is found that -a. there i

50、s a history of dump ing which caused injury or that the importer was, or should have bee n aware that the exporter practices dump ing and that such dump ing would cause in jury; andb. the injury caused by massive dumping of an article imported in a relatively short time which in the light of the tim

51、ing and the volume of imported article dumped and other circumsta nces is likely to seriously un derm ine the remedial effect of the anti dump ing duty liable to be levied.However, the anti dump ing duty cannot be levied retrospectively bey ond 90 days from the date of issue of Notification imposing

52、 duty.Q.13 Who imposes the Anti Dump ing duty, provisi onal or fin al?Ans. While the Desig nated Authority (in the Departme nt of Commerce) recomme nds the anti dump ing duty, provisi onal or fin al, it is the Mini stry of Finan ce, Dept. of Reve nue which acts upon such recomme ndati on withi n thr

53、ee mon ths and imposes/levies such duty.Q.14 What are the implications for the importers who are liable to pay anti-dumping duty? ifa. the final duty is less tha n the provisi onal duty;b. the final duty is more tha n the provisi onal duty;Ans. Anti dump ing duty is recomme nded and levied at two st

54、ages, provisi onal and fin al. If the final duty levied is less tha n the provisi onal duty which has already bee n levied and collected, the differential amount already collected as provisional duty shall be refun ded.If the final duty imposed is more than the provisional duty already imposed and c

55、ollected, the differe nee shall not be collected.If the provisional duty is withdrawn based on the final findings of the Designated Authority, tha n the provisi onal duty already collected shall be refun ded.Q.15 What is the arrangement made to notify the recommendations of the Desig nated Authority

56、?Ans.? The Desig nated Authority no tifies its recomme ndati ons with respect to In itiati on / Prelim inary Findin gs/F inal Findings etc. through Gover nment of In dia, Gazette.?Press In formati on Bureau, Mi nistry of Commerce & In dustry also issues aPress Release on the subject from to time.? A

57、lso NIC, Ministry of Commerce and Industry makes available the details with respect to recomme ndati ons of the Desig nated Authority on its web-site n.n ic.i n/doc? On receipt of recomme ndati ons from the Desig nated Authority, the Central Government (i.e. Ministry of Finance, Dept. of Revenue) no

58、tifies, the impositi on of An ti-dump ing Duties through Gover nment of In dia, Gazette.Q.16 Is the order of determ in ati on of an ti-dump ing duty appealable? If so, which is the appellate Authority?Ans. The law provides that an order of determ in ati on of existe nce degree and effect of dumping

59、is appealable before the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT). However, as per the judicial view, only the final findings/order of the Desig nated Authority/Mi nistry of Finance can be appealed aga inst before the CEGAT.No appeal will lie against the Preliminary findings of the Authority and the provisi onal duty imposed on the basis thereof. The Appeal to the CEGAT