Page 56 - ELT_15th August 2020_Vol 373_Part 4

T56 EXCISE LAW TIMES [ Vol. 373

Sunset review of Countervailing Duty Measures —
Guidelines and Procedure for filing applications

Subject : Guidelines and Procedure for filing applications for Sunset Review of
Countervailing Duty Measures.
1. Attention of the Trade and Industry is invited to Section 9 of the
Customs Tariff Act, 1975 as amended in 1995 and to Rule 24 of the Customs
Tariff (Identification, Assessment and Collection of Countervailing Duty on
Subsidised Articles and for Determination of Injury) Rules, 1995 framed
thereunder as amended.
2. In the above connection, it is informed that henceforth the
Directorate General of Trade Remedies (DGTR) will follow the procedure as
given under for initiating a Sunset Review (SSR) :-
(i) The Domestic Industry must file the petition seeking extension to
continue the Anti-Subsidy measures at least 270 days prior to the
date of expiry of Anti-Subsidy measures.
(ii) The petition/application may, however, be accepted up to 180
days prior to the date of expiry of the measure, provided the
Designated Authority is satisfied with the genuineness of
difficulty faced by the domestic industry in meeting the deadline
of 270 days mentioned in sub-para 2(i).
(iii) The Designated Authority may further relax the timeline
prescribed in sub-para 2 (ii), up to 120 days prior to the expiry of
the measure, in rare cases on account of exceptional
circumstances.
(iv) DGTR after receipt of petition filed as per (i), (ii) and (iii) above
would in fifteen (15) working days point out deficiencies in the
petition to the petitioner.
(v) The Domestic Industry must rectify the deficiencies pointed out
by DGTR as mentioned in (iv) above within five (5) working days
from the date of receipt of letter.
(vi) The Authority may also provide a personal hearing to the
petitioner at stipulated date and time before considering to initiate
the requested SSR investigation.
(vii) Order of initiation or rejection will be issued within 45 days from
the date of receipt of the petition by and large in all eases except in
cases of unavoidable circumstances arising out of administrative
exigencies or policy/technical scrutiny.
(viii) Final Findings will be issued after following due procedure
invariably at least 45 days prior to the expiry of existing Anti-
Subsidy Duty.
4. (i) The Petitioner may file the petition for SSR as per the
prescribed normal application format and provide the
EXCISE LAW TIMES  15th August 2020  56