Indian anti-absorption rules published


India has formally published anti-absorption review rules in respect of AD and CVD measures. Salient features include:


  • Trigger Point: When export prices of an article decrease post imposition of measure without any commensurate change in the cost of production of such article, the export price of such article to 3rd countries or resale price of such article in India imported from the exporting country/countries

  • Relief: Authority may recommend modification in the form or basis of said measure or the quantum of measure or both after reassessing dumping/subsidy margin and injury margin.

  • Process: Maybe initiated based on application by domestic industry or any other interested party. It may be initiated suo-moto as well.

  • Timeline for making application: Application to be filed within 2 years from the date of imposition of the previous measure. However, in special circumstances, Authority is empowered to consider belated applications. Further, no application can be accepted in cases with less than 12 months remaining for the existing measures to expire.

  • Timeline for the conclusion: Authority to conclude the investigation within 6 months, extendable by 3 months in special circumstances and make a recommendation to Central Government. No timeline is prescribed for Central Government to take a decision on such a recommendation.

Anti-absorption review rules
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