Stages of Safeguard investigation process
16/12/2022 11:22
An Application received by the Authority is dealt with in the following manner:
A. Pre-Initiation:
The application is scrutinized to ensure that it is fully documented and provides sufficient evidence for initiating an investigation.
B. Initiation:
The application is examined to ensure that it has been made by or on behalf of the Domestic Industry. It also examines the accuracy and adequacy of the evidence provided in the application and when satisfied that there is sufficient evidence regarding increased/ surge in imports, serious injury and causal link, a notification is issued initiating an investigation.
C. Public Notice and Inspection Folder:
A public notice is issued to the interested parties for filing responses. The non- confidential versions of all the applications/responses is kept open for inspection for the interested parties in the form of a inspection folder.
D. Preliminary Findings:
The Authority shall proceed expeditiously with the conduct of the investigation and may, in appropriate cases, make a preliminary finding containing the detailed information behind the determination.
E. Provisional Duty:
A provisional duty may be imposed by the Central Government on the basis of the preliminary finding recorded by the Authority. The provisional duty will remain in force only for a period not exceeding 200 days from the date of imposition of duty.
F. Oral Evidence & Oral Hearing:
Interested parties who participate in hearing may present the relevant information orally. However, such oral information shall be taken into consideration only when it is subsequently reproduced in writing. The Director General may grant oral hearing anytime during the course of the investigation.
G. Final Determination:
The Authority examines all the submissions of the parties made during the course of the investigation and comes out with final findings.
H. Recommendation of duties:
After the final determination is made and the final findings are issued, the matter is then referred to the Board of Safeguards, which in turn, decides upon whether the duties are to be imposed or not. Such recommendation is made considering matters like public interest etc.
I. Duty Notification
If the duties are approved by the Board of Safeguards, a copy of the Final Findings is sent to the Tax Research Unit in Department of Revenue, which in turn, notifies the duty.
J. Time-limit for Investigation Process
Normal time allowed by the statute for conclusion of investigation and submission of final findings is 8 months from the date of initiation of the investigation or within such extended period as determined by the Central Government.
Các tin khác
- Major stages of the anti-dumping investigation process (17/12/2022)
- Review mechanisms under Anti-Dumping Investigation (16/12/2022)
- Stages of countervailing investigation process (16/12/2022)
- Review mechanisms under Countervailing Investigation (16/12/2022)
- Review mechanisms under Safeguard Measure (16/12/2022)