. /.  WORLD TRADE  
ORGANIZATION   
G/ADP/Q1/IND/18 
G/SCM/Q1/IND/18 25 April 2012 
 
(12-2193) 
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 
 
Replies to Questions Posed by the UNITED STATES1  
Regarding the Notification of INDIA2 
  
 The following communication, dated 23 April 2012 , is being circulated at the request of the 
Delegation of India. 
 
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1. With regard to Article 21A of the Customs Tariff Amendment Rules, please clarify the 
following:  
a. When can an importer apply for a determination of amount paid in excess of 
actual margin of dumping? 
 
 Reply 
 
 No specific time period has been prescribed for the importer to apply for determination of 
refund under Rule 21A.     
b. In addition, what process is undert aken and criteria considered when the 
designated authority is considering an application from an importer when 
initiating its investigation? 
 
 Reply 
 
 Rule 21A contains provisions for the applica tion process and the criteria.  The criteria for 
initiating investigation based on a refund application is that the application should have sufficient 
prima facie  evidence.  
 
c. When a refund proceeding is initiated, does the authority examine all sales by 
the exporter to all importers to determin e whether a refund is applicable for the 
requesting importer, or does the authorit y examine the exporter's sales only to 
the requesting importer? 
 
                                                      
1 G/ADP/Q1/IND/15-G/SCM/Q1/IND/15. 
2 G/ADP/N/1/IND/4. G/ADP/Q1/IND/18 
G/SCM/Q1/IND/18 Page 2 
 
 
   Reply 
 
 The Authority will examines all sales by the ex porter to all importers to determine whether 
the excess amount vis-à-vis  the dumping margin determined has been paid or not entitling for a 
refund. 
 
2. Article 25(3) of the Customs Tariff Amendment Rules states:  
 
"(3) Where an article subject to anti-dumping duty is imported into India 
through exporters or producers or country  not subject to anti-dumping duty, 
such exports shall be considered to circu mvent the anti-dumping duty in force if 
the exporters or producers notified of the levy of anti-dumping duty change their trade practice, pattern of trade or channels of sales of the article in order to have their products exported to India through exporters or producers or 
country not subject to anti-dumping duty." 
 Please confirm on what basis the circumven tion determination process is triggered and 
what evidence is examined to make a determination of circumvention.  How does India determine the differences between what is perceived to be legitimate trade (e.g., legal trans-shipment) versus  circumvention?  
 Reply 
 
 As per Rule 25(3), a circumvention process may trigger if the exporters or producers subjected to the levy of anti-dumping duty change thei r trade practice, pattern of trade or channels of 
sales of the article in order to have their products exported to India through exporters or producers or 
country not subject to anti-dumping duty.  It would have to be further established that these conditions 
have occurred without appropriate justification, ec onomic or otherwise, other than the imposition of 
anti-dumping measures in force.  Besides, it would also  have to be seen that the remedial effects of 
the anti-dumping measures have been undermined or not  on account of such an act of circumvention. 
 
3. Article 28 (1) of the Customs Tariff Amendment Rules states "Review of 
circumvention.- (1) The designated authority m ay 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 since the imposition of the measures, upon request by any interested party which submits positive information substantiating the need for the review." Can India please clarify 
what is meant by "a reasonable period of time"? 
 
Reply 
  Reasonable period of time is as enshrined in Article 11.2 of the ADA.  Normally the 
Authority considers lapse of 12 months as a reasonable period of time.  
 
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