DEMO|

Customs Rules
Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Rules, 1995

19. Final findings.-

(1) The designated authority shall, within one year from the date of initiation of an investigation determine as to whether or not the article under investigation is being subsidized and submit to the Central Government its final finding, as to -

    (a) (i) the nature of subsidy being granted in respect of the article under investigation and the quantum of such subsidy;

    (ii) whether imports of such articles into India in the case of imports from specified countries, cause or threaten material injury to an industry established in India or materially retards the establishment of any industry in India and a casual link between the subsidized imports and such injury; and

    (iii) Whether a retrospective levy is called for and if so, the reasons therefor and the date of commencement of such levy.

    (b) its reommendation as to the amount of duty which if levied, would be adequate to remove the injury to the domestic industry:

Provided that the Central Government may in circumstances of exceptional nature extend further the aforesaid period of one year by six months:

Provided further that in those cases where the designated authority has suspended the investigation on the acceptance of a price undertaking as provided in rule 17 and subsequently resumes the same on violation of the terms of the said undertaking, the period for which investigation was kept under suspension shall not be taken into account while calculating the said period of one year.

(2) The final finding if affirmative, shall contain all information on the matter of facts and law and reasons which have led to the conclusion and shall also contain information regarding -

    (i) the names of the suppliers, or, when this is impractical, the supplying countries involved;

    (ii) a description of the product which is sufficient for customs purposes;

    (iii) the amount of subsidy established and the basis on which the existence of a subsidy has been determined;

    (iv) considerations relevant to the injury determination; and

    (v) the main reasons leading to the determination.

(3) The designated authority shall issue a public notice regarding its final findings.