Page 264 - ELT_15th July 2020_Vol 373_Part 2

246 EXCISE LAW TIMES [ Vol. 373

“The product concerned is already subject to anti-dumping duty. Further,
the producer or its related exporter has not exported the product to India
during the original period of investigation (July 2014-June 2015).
It may be recalled that the Designated Authority has recommended imposi-
tion of the anti-dumping duty on New/unused pneumatic Radial Tyres
(hereinafter referred to as “PUC”) from China PR vide final findings no. F.
No. 14/14/2015 DGAD dated 1-8-2017. The recommendation of the Desig-
nated Authority was accepted by Central Government and anti-dumping
duty was levied vide Customs Notification No. 45/2017-Cus. (ADD), dated
18-9-2017.
xxxxx xxxxx xxxxx
The exporter satisfies all the conditions laid down in Rule 22 of Customs
Tariff (Anti-dumping) Rules, 1995 which is amply clear from the following :
(a) The producer or its related exporter has not exported the PUC
to India during the period of investigation of the original in-
vestigation recommending the imposing of the anti-dumping
duties.
(b) The producer or its related exporter is not related to any of the
producer/exporters in the exporting country who are subject
to anti-dumping duties on the PUC.
In view of the aforesaid, we humbly request the Designated Authority to
kindly :
(i) Initiate the New Shipper Review in terms of Rule 22 of Cus-
toms Tariff (Anti-dumping) Rules, 1995 for the purpose of de-
termining an individual dumping margin for the applicant
exporter.
(ii) Consider 1st April, 2018 to 30th September, 2018 as the period
of investigation for the New Shipper Review. In case Authori-
ty decides to consider any other period as the period of inves-
tigation for the New Shipper Review, the same will be ac-
ceptable to us.
(iii) Recommend Central Government for resorting to provisional
assessment of the PUC exported by the applicant exporter
based on the surety bond furnished by the importer till the
conclusion of the New Shipper Review Investigation.”
15. Rule 22(1) of the Anti-Dumping Rules provides that if a product is
subject to anti-dumping duty, the Designated Authority shall carry out a period-
ical review for the purpose of determining individual margins of dumping for
exporters who have not exported the product to India during the period of inves-
tigation, provided that these exporters or producers show that they are not relat-
ed to any of the exporters in the exporting country who are subjected to the anti-
dumping duties on the product. The Designated Authority initiated New Ship-
per Review by Notification dated 6 May, 2018. The period of investigation was
notified to be from 1 July, 2018 to 31 December, 2018. It is in this context that the
final findings contained in the paragraphs 35 and 36 of the Notification dated 2
May, 2019 have to be appreciated. The Designated Authority did not recommend
any individual dumping margin for the New Shippers since they were not enti-
tled to individual dumping margin. The relevant portion of paragraph 36 of the
order needs to be reproduced again and it is as follows :

EXCISE LAW TIMES  15th July 2020  264