Rule 6 - Initiation of investigation - Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Rules, 1995

Rule 6. Initiation of investigation. - (1) Except as provided in sub-rule (4) the designated authority shall initiate an investigation to determine the existence, degree and effect of alleged subsidy only upon receipt of a written application by or on behalf of the domestic industry. (2) An application under sub-rule (1) shall be in the form as may be specified by the designated authority in this behalf and the application shall be supported by evidence of - (a) subsidy and, if possible, its amount, (b) injury where applicable, and (c) where applicable, a casual link between such subsidized imports and alleged injury. (3) The designated authority shall not initiate an investigation pursuant to an application made under sub-rule (1) unless - (a) it determines, on the basis of an examination of the degree of support for, or opposition to the application expressed by domestic producers of the like article, that the application has been made by or on behalf of the domestic industry : Provided that no investigation shall be initiated if domestic producers expressly supporting the application account for less than twenty-five per cent of the total production of the like product by the domestic industry, and (b) it examines the accuracy and adequacy of the evidence provided in the application and satisfies itself that there is sufficient evidence regarding - (i) subsidy, (ii) injury, where applicable; and (iii) where applicable, a casual link between such subsidized imports and the alleged injury, to justify the initiation of an investigation. Explanation . - For the purpose of this rule, the application shall be considered to have been made by or on behalf of domestic industry if it is supported by those domestic producers whose collective output constitutes more than fifty per cent of the total production of the like article produced by that portion of the domestic industry expressing either support for or opposition as the case may be, to the application. (4) Notwithstanding anything contained in sub-rule (1), the designated authority may initiate an investigation suo motu, if it is satisfied from the information received from the 2 [ Principal Commissioner of Customs or Commissioner of Customs, as the case may be, ] appointed under the Customs Act, 1962 (52 of 1962) or any other source that sufficient evidence exists as to the existence of the circumstances referred to in sub-clause (b) of sub-rule (3). (5) The designated authority shall notify the government of the exporting country before proceeding to initiate an investigation. 1 [ (6) The designated authority shall avoid any publicising of the application for the initiation of an investigation, unless a decision has been made to initiate an investigation. Explanation .- For the purposes of these rules, the period of investigation shall,- (i) not be more than six months old as on the date of initiation of investigation; (ii) be for a period of twelve months and for the reasons to be recorded in writing the designated authority may consider a minimum of six months or maximum of eighteen months. ] ************* NOTES:- 1. Inserted vide Notification No.10/2020-Customs (N.T.) dated 02-02-2020 2. Substituted vide Notification No.11/2021-Customs (N.T.) dated 01-02-2021 w.e.f. 02-02-2021 before it was read as Collector of Customs