Rule 30 - Initiation of investigation to determine absorption - Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Rules, 1995

1 [30 . Initiation of investigation to determine absorption. (1) Except as provided herein below, the designated authority may initiate an investigation to determine the existence and effect of any alleged absorption of the countervailing duty levied under section 9 of the Act, upon receipt of a written application by or on behalf of the domestic industry or by any other interested party. (2) The application shall, inter-alia, contain sufficient evidence as regards the existence of circumstances referred in sub-rule (1) of rule 29 to justify initiation of an anti-absorption 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 Principal Commissioner of Customs or the Commissioner of Customs 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 absorption of countervailing duty in force. (4) The designated authority may initiate an investigation to determine the existence and effect of any alleged absorption of the countervailing duty in force: Provided that the designated authority shall notify the Government of the exporting country before proceeding to initiate such an investigation. (5) The Central Government may, on recommendation of the designated authority, resort to provisional assessment of the imports of the article alleged to be absorbing the countervailing duty in force and may ask a guarantee from the importer, till the time a decision under sub-rule (3) of rule 31 is taken by the Central Government. (6) The provisions regarding evidence and procedures under rule 7 shall apply mutatis mutandis to any investigation carried out under this rule and the review shall be limited only to re-computation of subsidy and injury margin due to the reason that existence of injury and causality has already been determined in the original investigation. (7) Any such investigation shall be concluded within six months from the date of initiation of the investigation: Provided that in special circumstances, for reasons to be recorded in writing, the Central Government may extend the said period for another three months. ] ************* NOTES:- 1. Inserted vide NOTIFICATION NO. 83/2021-Customs (N.T.) dated 27-10-2021