DIRECTORATE GENERAL OF ANTIDUMPING AND ALLIED DUTIES MINISTRY OF COMMEREC AND INDUSTRY GOVERNMENT OF INDIA

FORMAT OF APPLICATION FOR MID. TERM. REVIEW OF ANTI-DUMPING DUTY

APPLICATION UNDER SECTION 9A OF THE CUSTOMS TARIFF ACT 1975 READ WITH RULE 23 OF THE CUSTOMS TARIFF (IDENTIFICATION, ASSESSMENT AND COLLECTION OF ANTI-DUMPING DUTY ON DUMPED ARTICLES AND FOR DETERMINATION OF INJURY) RULES, 1995 FOR REVIEW OF ANTI-DUMPING DUTIES IN FORCE

To The Designated Authority Directorate General of Anti-Dumping and Allied Duties Ministry of Commerce New Delhi

We, M/s Exporter/Importer/Domestic producer/Others (Pls. specify), an interested party under Rule 2(c) of the said Rules, hereby request, in accordance with section 9A of the Customs Tariff Act 1975 read with Rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for determination of injury) Rules, 1995 that the Designated Authority initiate a review of anti-dumping duties imposed vide Notification No. dt. .in respect of the (description of goods and country) the subject of this application on the following grounds: A. One or more of the circumstances relevant to the imposition of duty have changed requiring modification of duty; OR B. Withdrawal of the anti-dumping duties against (description of goods and country) currently subject to duties is warranted because the grounds those need to be present for the continued imposition of duties no longer exist(Pls. specify the grounds: see Footnote) We declare that the information contained in this application provides reasonable grounds for review of the anti-dumping duty and is complete and correct to the best of our knowledge and belief. Relevant evidence in support of claims made is submitted heerwith. A Non-confidential version of the application is also enclosed.

Signature: Name: Position: Company: Date:

Footnote Some of the factors that may be considered as changed circumstances for a review are as follows:

1. 2. 3. 4. 5. 6. 7. 8.

Change in Non-Injurious Price of the domestic industry Change in Normal Value of the exporter(s) Export Price of the exporter(s) Landed value(s) Domestic production pattern Change in legal status of the domestic producer(s) or exporter(s) Other relevant factors that may be relevant (Please elaborate) Change in the condition of the domestic industry/producers

APPLICATION FORMAT FOR MID-TERM REVIEW OF ANTI-DUMPING DUTY.

1. Name and Postal Address of the Applicant seeking the review:

2. Describe your status as an interested party 1 : (Foreign manufacturer/Exporter; Importer of the goods; or part of the Domestic Industry; or acting on behalf of the Government of an exporting country).

3.Legal Status of the applicant (Form of legal entity) 4. Details of the contact person(s); Name, Position, Telephone number, Fax number, E-mail Address 5. Name and similar details of other parties supporting this application.

6. Details of the current Anti-Dumping Duties the subject of this application, including: the products under consideration, and their Tariff Classification the Countries or Companies/Exporters specified Date of Publication of the notification. 7. Detailed statement setting out reasons for seeking review of the Anti-Dumping Duties. identify the changed circumstances (s); show the extent by which each circumstance has changed; and provide information that establishes the changed circumstances. If the application relies upon any other circumstance the particulars must be fully set out.

Please Refer to Rule 2(C) of the Rules

7.The supporting evidence must establish reasonable grounds asserting that either circumstance have changed or the grounds that need to be present for the continued imposition of duties no longer exist 2 .

8. Names, addresses, telephone numbers and facsimile numbers of other interested parties known to the applicant.

We declare that the information contained in this application provides reasonable grounds for review of the anti-dumping duty and is complete and correct to the best of our knowledge and belief. Relevant evidence in support of claims made is submitted heerwith. A Non-confidential version of the application is also enclosed.

Signature: Name: Position: Company: Date:

1. The application must also be provided in a Non-Confidential Version for making it available to interested parties. Application for Mid-Term Review must be lodged in two sets each of confidential and non-confidential versions. The confidential copy must be marked CONFIDENTIAL on each page. 2. In terms of Rule 6(7), of the Rules the interested parties are required to submit nonconfidential summary of any confidential information provided to the Authority and if in the opinion of the party providing such information, such information is not susceptible to summary, a statement of reason thereof is required to be provided. In case where an interested party refuses access to, or otherwise does not provide necessary information within a reasonable period, or significantly impedes the investigation, the Authority may record its findings on the basis of the facts available to it and make such recommendations to the Central Government as deemed fit. 3.Applicants must ensure that they clearly show, in the non-confidential version of their application, the reasons for seeking review of the duties. 4.This application, together with the supporting evidence and information, should be lodged with

Please refer to the `Guidelines for Preparing an Application for Review of Anti-Dumping Duties

at Annex-

1.

Designated Authority, Directorate General of Anti-Dumping and Allied Duties Ministry of Commerce & Industry, Udyog Bhawan, New Delhi-110011

Annexure-1 GUIDELINES FOR PREPARING AN APPLICATION FOR REVIEW OF ANTI-DUMPING DUTIES

Rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for determination of injury) Rules, 1995 reads as under: The Designated Authority shall, from time to time, review the need for the continued imposition of the anti-Dumping Duty and shall, if it is satisfied on the basis of information received by it that there is no justification for the continued imposition of such duty recommend to the central government for its withdrawal. In accordance with these rules: Any interested party as defined under Rule 2(C) of the said rules may seek mid-term review of Anti-Dumping Duties currently in force. An Application for Mid-Term Review of Anti-Dumping Duties shall not be filed earlier than 12 months from the date of the order of imposition of Anti-Dumping Duties by the Central Government. The review application may seek a review for modification or withdrawal of the AntiDumping duty based on any of the relevant changed circumstances. The circumstances that may lead to a review of the duty in force may include such factors such as change in Normal Value, Export price, Landed value, Non-Injurious Price of the domestic industry, domestic production patterns, change in legal status of the domestic producer(s) or exporter(s), Change in the condition of the domestic industry/producers or any other relevant circumstances that may have bearing on the dumping, injury or causal link. An Application for Mid-Term Review must be made to the Designated Authority in writing. Where the Application seeks a review for modification of the said duty on the grounds that one or more of the circumstances have changed, the Application must include a statement of the opinion of the applicant concerning the degree by which the circumstance(s) have changed and the information that establishes the degree, supported by relevant evidence. Likewise, if a Mid-Term Review Application requests for revocation of the said duty on the grounds that continued imposition of the duty is nor warranted in view of the changed circumstances, the applicant must show reasons why the duty should be revoked. The review investigation may not be limited to the matters raised in the application. For example, while an application may seek review of particular exporters mentioned in the Notification imposing Anti-dumping duties, the Designated Authority may broaden the review to include additional exporters. In addition, the Designated Authority may have regard to any other matter considered relevant to the review.

A review will commence only where the Designated Authority is satisfied that the application has, prima facie, established reasonable grounds for such a review. Accordingly, it is in the interests of applicants to apply as accurately and as comprehensively as possible, and include supporting evidence. Illustrative examples of the type of information/evidences that are required to establish changes in normal values are updated price lists for domestic sales, actual invoices relating to domestic sales, published material providing information on the domestic selling prices, or estimates of the changes in costs to make and sell the goods sold in the exporters domestic market (plus reasonable profit amount). Likewise, relevant information showing changed export prices would include updated price lists, actual sales invoices, or estimates based upon changed selling prices in India. Changed Non-Injurious prices would be demonstrated by evidence of additional capacity installed, change in the manufacturing process, Change in composition of Domestic manufacturers, alternative raw material being used, significant change in prices of raw materials and utilities, Changed government policy etc. Illustrative supporting evidences in support of claim for a review for revocation of duty would include, evidence of no dumping occurring and there is no likelihood of a recurrence in the foreseeable future; or the Domestic industry is no longer suffering material injury; or there is no causal link between the dumping and the material injury; or there is no longer a Domestic Industry. The onus is upon the applicant to demonstrate that a Mid-Term review is required to review the need for continued imposition of duty. The supporting evidence should point to the changed circumstances after imposition of duty. . It will not be sufficient to simply assert that circumstances have changed. Applications relying primarily upon unsubstantiated allegations, or assertion, may be rejected. Therefore, the information and evidence furnished should be accurate and comprehensive and all supporting evidences need to be submitted along with the application. The Designated Authority may ask for additional information/evidence and questionnaire responses in the form and manner that may be prescribed from time to time, depending upon the nature of the request and other factors having an bearing on the case

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