Amends Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 - 15/2011-Customs (N.T) - Customs - Non Tariff
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Anti-dumping duty determination: designated authority to set duties based on margin of dumping and non injurious price. The amendment redefines the designated authority's duties to investigate dumping and injury, identify liable articles, report normal value, export price and margin of dumping, and recommend an anti-dumping duty (up to the margin) and its commencement. It requires injury assessments to apply principles in Annexure III and adds structured review rules including authority-initiated or request-based reviews and a default five-year maximum duration unless review supports continuation. Annexure III sets a methodology for determining a non-injurious price based on reconciled cost of production, best utilization, expense propriety, allocation of overheads, exclusion of specified items, allowance of a reasonable pre-tax return on average capital employed, and weighted averaging across domestic producers.
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Provisions expressly mentioned in the judgment/order text.
Anti-dumping duty determination: designated authority to set duties based on margin of dumping and non injurious price.
The amendment redefines the designated authority's duties to investigate dumping and injury, identify liable articles, report normal value, export price and margin of dumping, and recommend an anti-dumping duty (up to the margin) and its commencement. It requires injury assessments to apply principles in Annexure III and adds structured review rules including authority-initiated or request-based reviews and a default five-year maximum duration unless review supports continuation. Annexure III sets a methodology for determining a non-injurious price based on reconciled cost of production, best utilization, expense propriety, allocation of overheads, exclusion of specified items, allowance of a reasonable pre-tax return on average capital employed, and weighted averaging across domestic producers.
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