. /.  WORLD TRADE  
ORGANIZATION   
G/ADP/Q1/IND/16 
G/SCM/Q1/IND/16 4 April 2012 
 
(12-1775) 
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures  Original:   English 
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS 
 
Questions Posed by TURKEY Regarding  
the Notification of INDIA1 
 
 
 The following communication, dated 2 April 2012 , is being circulated at the request of the 
Delegation of Turkey. 
 
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  Turkey thanks India for its Notificati on and poses questions with regard to "Refund of 
Anti-Dumping Duty (Paid in Excess of Act ual Margin of Dumping) Rules, 2012"  and "The Custom 
Tariff Identification Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for 
Determination of Injury) Amendment Rules, 2012" .  Turkey may have subsequent questions as it 
further examines the notification.  
 
Question 1 
 
 Article 4 of the notification dated 19 January 2012 and numbered 5/12 is related with time 
limit for filing refund. It states that  "Every application under these ru les shall be filed within 
three months from the date of publication of notific ation, issued by the Central Government under 
sub-section (1) of section 9AA of the Act, in the Official Gazette" . 
 
 Could India elaborate on about the date of publication of notification concerning refund 
request? When and how frequently a notification is pub lished?  What is the legal basis of India to 
limit importers to make a refund request in a specific period of time?  If any request is made out of the 
deadline specified in Article 4, is it automatically  rejected by the designated authority of India? 
 Question 2  
 
 The notification dated 19 January 2012 and numbered 6/12 does not address the methodology 
to be followed in calculating "refund amount".  Co uld India clarify what methodology will be applied 
in refund investigations in determining the "refund amount"? 
 
Question 3  
 
 The notification dated 19 Ja nuary 2012 and numbered 6/12 do es not address the reliability of 
export prices.  Could India make clarification whet her the designated authority of India examines the 
                                                      
1 G/ADP/N/1/IND/4. G/ADP/Q1/IND/16 
G/SCM/Q1/IND/16 Page 2 
 
 
  "reliability of export prices" in refund investigations ?  If yes, how this "reliability of export prices" is 
examined?  
 
Question 4 
 
 Article 26 of the notification dated 19 January  2012 and numbered 6/12 points out that the 
investigation to determine circumvention is initia ted upon receipt of a written application by or on 
behalf of the domestic industry.   
 According to this Article, could India clarify that "standing requirement" as stated in 
Article 5.4 of the Anti-Dumping Agreement is also a pplicable to initiate circumvention investigation?  
If not, what percentage of production/sales of the domest ic industry is required to  be considered that 
the written application is submitted on behalf of domestic industry? 
 Question 5 
  Article 28 of the notification dated 19 January  2012 and numbered 6/12 is related with the 
review of circumvention.  Paragra ph 1 of this Article states that "The designated authority may review 
the need for the continued imposition of the duty,  where warranted, on its own initiative or provided 
that a reasonable period of time has elapsed sin ce the imposition of the measures, upon request by 
any interested party which submits positive inform ation substantiating the need for the review". 
 
 Could India clarify the terms of  "reasonable period of time" in this Article? 
 
Question 6 
 
 Rule 25 (1) (a) of the notification dated 19 Ja nuary 2012 and numbered 6/ 12 is related to the 
determination of circumvention of existing anti-dum ping measures.  Could India provide a substantial 
explanation for the terms "just prior to" and "increased after" ?  
Question 7 
 
 Turkey could not take note any explanation in the notification dated 19 January 2012 and 
numbered 6/12 in terms of conducting anti-circumve ntion investigation and the procedural rights 
provided to the interested parties especially pr oducers/exporters during the investigation process. 
Could India make clarification that "on the spot in vestigation", "protection of confidentiality", "oral 
hearings", "disclosure of findings", "giving timely opportunity to producers/exporters to defend their 
interests and submit their views and counter ar guments", "imposition of  provisional measures", 
"implementation of facts available" etc. which ar e considered as main concepts of anti-dumping 
investigations are also applicable to circumven tion investigations?  Could India clarify how to 
conduct anti-circumvention investigations?  
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