NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLES 18.5 and 32.6 OF THE AGREEMENTS
Question posed by the United States
regarding the notification of India
The following communication dated and received on 4 October 2021, is being circulated at the request of the delegation of the United States.
The United States thanks India for its notification regarding its amendments to its anti-dumping rules, and poses the following question:
In paragraph 2(d), India notes amendments to rule 26 of its Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995.
a) Please explain what, if any, notification is issued when the designated authority recommends or the Central Government determines to "resort to provisional assessment of the imports of the article alleged to be circumventing an anti-dumping duty in force." Please describe what information will be included in any such notification.
b) The referenced amendment states that the Central Government "may ask a guarantee from the importer…" Please clarify if the Central Government will also be able to collect provisional duties in a circumvention proceeding. If so, can such duties be imposed back to the first date such imports entered India?
c) Please confirm that in the event a circumvention inquiry results in a negative determination, any anti-dumping duties collected as a result of a provisional assessment will be refunded.