Anti-dumping duty on dumped articles

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....ch the imported articles are first resold to an independent buyer or if the article is not resold to an independent buyer, or not resold in the condition as imported, on such reasonable basis, as may be determined in accordance with the rules made under sub-section (6); (c) "normal value", in relation to an article, means- (i) the comparable price, in the ordinary course of trade, for the like article when ^7[destined for consumption] in the exporting country or territory as determined in accordance with the rules made under sub-section (6); or (ii) when there are no sales of the like article in the ordinary course of trade in the domestic market of the exporting country or territory or when because of the particular market situation or low volume of the sales in the domestic market of the exporting country or territory, such sales do not permit a proper comparison, the normal value shall be either- (a) comparable representative price of the like article when exported from the exporting country or ^5[territory to] an appropriate third country as determined in accordance with the rules made under sub-section (6); or (b) the cost of produc....

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....rnment may, pending the determination in accordance with the provisions of this section and the rules made thereunder of the normal value and the margin of dumping in relation to any article, impose on the importation of such article into India an anti-dumping duty on the basis of a provisional estimate of such value and margin and if such anti-dumping duty exceeds the margin as so determined,- (a) the Central Government shall, having regard to such determination and as soon as may be after such determination, reduce such anti-dumping duty; and (b) refund shall be made of so much of the anti-dumping duty which has been collected as is in excess of the anti-dumping duty as so reduced. ^15[(2A) Notwithstanding anything contained in sub-section (1) and sub-section (2), a notification issued under sub-section (1) or any anti-dumping duty imposed under sub-section (2) shall not apply to articles imported by a hundred per cent. export-oriented undertaking or a unit in a special economic zone, unless,- (i) it is specifically made applicable in such notification or to such undertaking or unit; or (ii) such article is either cleared as such into the do....

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....mposition for a further period ^16[up to five years] and such further period shall commence from the date of order of such extension: Provided further that where a review initiated before the expiry of the aforesaid period of five years has not come to a conclusion before such expiry, the anti-dumping duty may continue to remain in force pending the outcome of such a review for a further period not exceeding one year. ^17[Provided also that if the said duty is revoked temporarily, the period of such revocation shall not exceed one year at a time.] (6) The margin of dumping as referred to in sub-section (1) or sub-section (2) shall, from time to time, be ascertained ^19[***] by the Central Government, after such inquiry as it may consider necessary and the Central Government may, by notification in the Official Gazette, make rules for the purposes of this section, and without prejudice to the generality of the foregoing, such rules may provide for the manner in which articles liable for any anti-dumping duty under this section may be identified and for the manner in which the export price and the normal value of, and the margin of dumping in relation to, such articles may b....

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....ty under this sub-section on the basis of a provisional estimate of such value and margin and if such duty or additional duty exceeds the margin as so determined,- (a) the Central Government shall, having regard to such. determination and as soon as may be after such determination, reduce such duty or additional duty; and (b) refund shall be made of so much of such duty or additional duty which has been collected as is in excess of such duty or additional duty as so reduced. Explanation. - For the purposes of this section,- (a) "margin of dumping", in relation to an article, means. the difference between the price at which such article is exported and its normal value; (b) "normal value", in relation to an article, means- (i) the comparable price in the ordinary course of trade for the said article or like article when meant for consumption in the exporting country or territory as determined under sub-section (2); or (ii) where such comparable price cannot be ascertained because of the particular market situation or for any other reason, such value shall be either- (A) the highest comparable price for the said ....

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....tification issued under sub-section (1) or any anti-dumping duty imposed under sub-section (2), unless specifically made applicable in such notification or such imposition, as the case may be, shall not apply to articles imported by a hundred per cent. export-oriented undertaking or a unit in a free trade zone or in a special economic zone. Explanation- For the purposes of this section, the expressions "hundred per cent. export-oriented undertaking", "free trade zone" and "special economic zone" shall have the meanings assigned to them in Explanation 2 to sub-section (1) of section 3 of the Central Excise Act, 1944.]" 9. Substituted vide Section 101 of the Finance (No. 2) Act, 2009 dated 19-08-2009 w.e.f. 19-08-2009 before it was read as, "any article is exported" 10. Inserted vide Section 101 of the Finance (No. 2) Act, 2009 dated 19-08-2009 w.e.f. 19-08-2009 11. Substituted vide Section 101 of the Finance (No. 2) Act, 2009 dated 19-08-2009 w.e.f. 01-01-1995 before it was read as, "^3[(8) The provisions of the Customs Act, 1962 (52 of 1962) and the rules and regulations made thereunder, ^6[relating to non-levy, short levy, refunds and appeals] s....