9911796707
TMI BlogAmend Custom Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995.X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1975 (51 of 1975), the Central Government hereby makes the following rules further to amend the Custom Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, namely :- 1. (1) These rules may be called the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Amendment Rules, 2012. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 ,- (i) after rule 21, the following shall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nstructed export price, referred to in sub-rule (4), no deduction shall be made for the amount of anti-dumping duties paid when conclusive evidence of the same is provided. (6) Where the designated authority finds that there is change in,- (a) costs incurred between importation and resale, and (b) movement in the sale price which is duly reflected in the subsequent selling price,the actual margin of dumping may be determined in accordance with the provisions of sub-rules (4) and (5). (7) The designated authority shall, after investigation under sub-rule (3), determine the actual margin of dumping for the goods and if the anti-dumping paid on the goods is in excess of the margin of dumping so determined, the authority shall m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consultancy charges, shall not be taken into account. (2) Where an article subject to anti dumping duty is imported into India from country of origin or country of export notified for the levy of anti-dumping duty after being subjected to any process involving alteration of the description, name or composition of an article, such alteration shall be considered to circumvent the anti dumping duty in force if the alteration of the description or name or composition of the article subject to anti dumping duty results in the article being altered in form or appearance even in minor forms regardless of the variation of tariff classification, if any. (3) Where an article subject to anti dumping duty is imported into India through exporters ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d authority may initiate an investigation suo-motu if it is satisfied from the information received from 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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat a reasonable period of time has elapsed since the imposition of the measures, upon request by any interested party which submits positive information substantiating the need for the review. (2) Any review initiated under sub-rule (1) shall be concluded within a period not exceeding twelve months from the date of initiation of review. [F.No.354/126/2010 TRU] (Sanjeev Kumar Singh) Under Secretary to the Government of India Note .- The principal rule were notified vide Notification No.2/1995-Customs (N.T), dated the 1 st January, 1995, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 1(E), dated the 1 st January,1995 and was last amended by Notif ..... X X X X Extracts X X X X X X X X Extracts X X X X
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