WORLD TRADE  
ORGANIZATION   
G/ADP/Q1/IND/19 
G/SCM/Q1/IND/19 25 April 2012 
 
(12-2191) 
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 TURKEY
1 
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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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 rules shall be filed within 
three months from the date of publication of notif ication, 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 published?  What is the legal basis of India to limit importers to make a refund request in a sp ecific 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? 
 
Reply 
  The procedure for refund is governed by No tification No 5/2012-Customs (N.T.) dated 
19 January 2012.  The rules with regard to refund are elaborated in the Notification No 6/2012-Customs (N.T.) dated 19 January 2012 where Rule 21A has been inserted in India's 
anti-dumping rules as amended under these provisions .  As per the rules notified under the above 
notification, the Designated Authority shall carry ou t investigation with respect to request for the 
refund application and shall issue its recommendations  within the stipulated time frame and notify in 
the official gazette. Thereafter, the Central Governme nt shall take further appropriate action as per the 
refund rules and notify in the official gaze tte.  If the Central Government accepts the 
recommendations of the Designated Au thority and notifies it in the official gazette, the importer shall 
accordingly file the request for the refund to the Assistant Commissioner of Customs within 3 months of such notification issued by the Central Government .  The time limit has been specified keeping into 
account  administrative reasons. 
                                                      
1 G/ADP/Q1/IND/16-G/SCM/Q1/IND/16. 
2 G/ADP/N/1/IND/4. G/ADP/Q1/IND/19 
G/SCM/Q1/IND/19 Page 2 
 
 
  Question 2  
  The notification dated 19 January 2012 and numbered 6/12 does not address the methodology to be followed in calculating "refund amount".  Could India clarify what 
methodology will be applied in refund investi gations in determining the "refund amount"? 
 
Reply 
  The principle for determination of refund amount  is elaborated in detail under Rule 21A of 
the anti-dumping rules as reflected in Notification No  6/2012-Customs (N.T.) dated 19 January 2012.  
The procedure for determination of margin of du mping is same as enshrined in Article 2 of the 
Anti-Dumping Agreement. 
 
Question 3 
 
 The notification dated 19 January 2012 and numbered 6/12 does not address the reliability of export prices.  Could India make cl arification whether the designated authority of 
India examines the "reliability of export prices" in refund investigations?  If yes, how this "reliability of export prices" is examined?  
 Reply 
 
 As the refund application would be based on computation of the margin of dumping, the 
reliability of the export price will be examined  in the context of Article 2.3 of the ADA. 
 
Question 4 
  Article 26 of the notification dated 19 January 2012 and numbered 6/12 points out that the investigation to determine circumvention is in itiated 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 applicable to initiate circumvention 
investigation?  If not, what percentage of pro duction/sales of the domestic industry is required 
to be considered that the written application is  submitted on behalf of domestic industry? 
 Reply 
 
 The anti-circumvention application could be f iled by a domestic industry as defined in India's 
Anti-Dumping Rules which are modeled on the Anti-Dumping Agreement.  
 
Question 5 
 
 Article 28 of the notification dated 19 January 2012 and numbered 6/12 is related with the review of circumvention.  Paragraph 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 since the imposition of the measures, upon 
request by any interested party which submits pos itive information substantiating the need for the 
review".   Could India clarify the terms of  "reasonable period of time" in this Article? 
  G/ADP/Q1/IND/19 
 G/SCM/Q1/IND/19 
 Page 3 
 
 
  Reply 
 
 Reasonable period of time is as enshrined in Article 11.2 of the ADA.  Normally the 
Authority considers a lapse of 12 months as a reasonable period of time.  Question 6   Rule 25 (1) (a) of the notification dated 19 January 2012 and numbered 6/12 is related to 
the determination of circumvention of existing anti-dumping measures.  Could India provide a 
substantial explanation for the terms "j ust prior to" and "increased after" ? 
 
Reply 
  These terms could be better explained in the c ontext of facts and circumstances of each case. 
 Question 7   Turkey could not take note any explanatio n in the notification dated 19 January 2012 
and numbered 6/12 in terms of conducting anti-c ircumvention investigation and the procedural 
rights provided to the interested parties espec ially producers/exporters during the investigation 
process. Could India make clarification that "on the spot investigation", "protection of 
confidentiality", "oral hearings", "disclosure of findings", "giving timely opportunity to 
producers/exporters to defend their interests a nd submit their views and counter arguments", 
"imposition of provisional measures", "imple mentation of facts available" etc. which are 
considered as main concepts of anti-dumping  investigations are also applicable to 
circumvention investigations?  Could India clarify how to conduct anti-circumvention 
investigations? 
 
Reply 
  Due opportunities would be given to all inte rested parties in an anti-circumvention 
investigation from time to time as per the provisions of the Anti-Dumping Agreement and the 
domestic laws.   
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