Trade defense Laws enacted under WTO agreement provides for review of duty imposed under any trade defense law at periodic intervals. A review may be a mid‐ term review, sunset review or new shipper review.
The Anti dumping duties are imposed for a period of 5 years and are reviewed thereafter (referred as sunset review), where the duties can be extended for a further period of 5 years.
A mid‐term review is a review where any party provides positive information that duties may be reviewed.
New shipper review is undertaken where a new producer or exporter files a review petition which was not a part of original investigations.
The authority shall undertake a review, where
a. The Authority is satisfied that the Domestic Industry has made positive improvements based on the adjustment plan submitted during the Original investigations.
b. Any other reason, that the Authority is satisfied that the imposition of duties may be removed.
There is no period defined in the rules for such review
Anti Subsidy (Countervailing Duties)
In the Indian context, in practice there is no history of any review of duties imposed under Anti subsidy or Counter Veiling duty (CVD). However, the rule 24 defined under Section 9, Customs Tariff Act governing the CVD provides that the Designated Authority shall undertake the review of any duty levied under such rules at any time during the period of levy of duty where it is satisfied that the continued imposition of duty is not required.
Mr. Mohit Gupta
Senior Consultant (Cost), TPM