Rule 26 - Initiation of investigation to determine circumvention - Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995

1 [26. Initiation of investigation to determine circumvention .- (1) Except as provided herein below, the designated authority may initiate an investigation to determine the existence and effect of any alleged circumvention of the anti-dumping duty levied under section 9A of the Act , upon receipt of a written application by or on behalf of the domestic industry. (2) The application shall, inter-alia , contain sufficient evidence as regards the existence of the circumstances to justify initiation of an anti-circumvention investigation. (3) 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 pointing to circumvention of anti dumping duty in force. (4) The designated authority may initiate an investigation to determine the existence and effect of any alleged circumvention of the antidumping duty in force where it is satisfied that imports of the article circumventing an anti dumping duty in force are found to be dumped: Provided that, the designated authority shall notify the government of the exporting country before proceeding to initiate such an investigation. 3 [ (4A) The Central Government may, on recommendation of the designated authority, resort to provisional assessment of the imports of the article alleged to be circumventing an antidumping duty in force and may ask a guarantee from the importer, till the time a decision under sub-rule (3) of rule 27 is taken by the Central Government. ] (5) The provisions regarding evidence and procedures under rule 6 shall apply mutatis mutandis to any investigation carried out under this rule. (6) Any such investigation shall be concluded within 12 months and in no case more than 18 months of the date of initiation of investigation for reasons to be recorded in writing by the designated authority. ] ----------------------------------- Notes:- 1. Inserted vide Notification No. 06/2012-Cus(NT), dated 19/01/2012 2. Substituted vide Not. 56/2014 - Dated 6-8-2014 3. Inserted vide Notification No. 10/2021-Customs (N.T.) dated 01-02-2021 w.e.f. 02-02-2021