PPT For ITL Project (1).pptxCriminal Law: Recent Developments

Criminal Law: Recent Developments

1. Submitted to Submitted by- Mani Pratap Manish Kumar Assistant Prof. Law Enrl No- CUSB2013131017

2. Margin of Dumping Landing C harges Export Price Normal Price in Exporting Market Injury caused

3. Normal Value Comparable price of the like article when meant for home consumption in the exporting State Representative Export Price to another country Cost of Production including allowance for admin and selling cost and profits Exporting Price Export Price to other countries Price at which the imported articles are first resold to an independent buyer On a reasonable basis

4. A DD I n ves tiga tions of DA Custom s Tariff Act and Rules Ar ti c le VI of GATT

5. Article VI Section 9B Either ADD or CVD can be levied for countervailing a particular dumping or export subsidies and not both the duties Determination that import of such article causes or threatens material injury to any established industry in India or materially retards the establishment of any industry in India ADD cannot be levied to counter effect the beneficial exemption available to exporter in the exporting country given to him in the course of home consumption ADD can be imposed to secure the domestic interest of any other Exporting Country ADD wont be imposed if exporter revise prices or cease exporting and injury is eliminated With prior consultation with the exporting country, for the stabilizing domestic prices in exporting nation Dumping provision wont apply

6. Circumvention of ADD

7. Final fin d i n g Duty can initially be levied for 5 y e a rs Can be levied maximum of 10 years Retrospective levy of prior 90 days if dumping has been a history

8. Initiation of Investigation May carry investigation in the territories of other countries and at the premises of any commercial organization and may examine its records if such organization agrees Application for Investigation of alleged Dumping By or on behalf of Domestic industry or sou moto on evidence of dumping Importers or related to importers/exporters shall be excluded Appointment of Designated Authority by CG Not below Rank of Joint Secretary Director General of Anti Dumping and Allied Duties (DGAD) *On or behalf of Domestic Industry means, applications must be supported by More than 25% expressively supporting the application More than 50% expressively supporting or opposing the application combined

9. E x p o rt Price At ex-factory level Transaction- to-transaction Weighted Avg. Comparison in case affecting factors A l lo w an c e for costs and duties incurred between importatio n and reselling including profits C o m pa ri son :

10. Injury to Do m e s tic Market Volume of dumped Imports Affect on prices of do m estic market Impact on producers of domestic market End effect is to depress prices or prevent increase in prices of domestic industry Cumulative Assessment of two exporting dumping countries E v aluation of Economic Factors Factors affecting increase in dumping Casu al Link

11. Injurious Price to Domestic Industry Inj ury Non Injurious to Domestic Country Not acceptable to Domestic Industry Acceptable to Domestic Industry ADD

12. Public notices containing adequate information shall be issued notifying decision of authority to initiate investigation Public Notice A copy of the public notice along with APPLICATION filed by domestic industry producers shall be forwarded by the designated authority to the known exporters of the article alleged to have been subsidized, the government of the exporting country concerned and other interested parties. Notice to Exp o r te r s The designated authority may calling for any information in such form the exporters, foreign producers and governments of interested countries Such information shall be furnished by such persons in writing within 30 from the date of receipt of the notice or within such extended period as the designated authority may allow on sufficient cause being shown. In f o rm a t i on form Exporters, Exporting Country

13. The designated authority shall also provide opportunity to the industrial users of the article under investigation, and to representative consumer organizations in cases where the article is commonly sold at retail level, to furnish information which is relevant to the investigation Opportunity to Importers Oral information shall be taken into consideration only when it is subsequently reproduced in writing. Oral In f o rm a t i on In a case where an interested party refuses access to, or otherwise does not provide necessary information within a reasonable period, or significantly impedes the investigation, the designated authority may record its findings on the basis of facts available to it and make such recommendations to the Central Government as it deems fit under such circumstances. Information not provi d ed

14. P r e l i m in ar y Finding Existence of subsidy and injury Public Notice of Finding Levy Provisional Duty after 60 days of Notice Valid for 6 months (9 months if extended by CG) Final F inding Dumping Margin of each individual exporter or Valid Sample Public Notice of Final Finding Levy of Duty or Withdrawal of Provisional Duty and Refunds thereof

15. ADD If Findings in +ve, Opportunity to the exporter for ceasing to supply the product or furnish and undertaking of reduced prices Exporter do not eliminate dumping CG within 3 months of final finding notice, will levy ADD I ndi v i du a l E x po r te r s ADD @ Margin of Dumping Non sampled exporters Not to be more than W. Avg. Margin of dumping, Prospective basis on future exporters Maximum of W. Avg. normal value minus export price can be levied as ADD Exporter E l im i n at e Dumping No further levy of ADD if the final findings is negative, CG Within 45 days of final finding shall withdraw P r ov i siona l Duty (if any) Final Duty if be less than Provisi onal Duty, to be r efund ed

16. ADD levied 5 y e a r s Investi g ati o n after reasonable time 12 mo n t hs ADD will remain effective so long as and to the extent necessary Sou M o to Request by Interested Party After investigation, recommend to CG to withdraw duty if found satisfactory

17. ABC Ltd. C o mp u ters LED Monitor PC LED TV set XYZ Ltd. C o mp u ters IN D IA ABC Ltd. C o mp u ters LED Monitor PC

18. B a ck

19. Provisions of Section 129C of Customs Act, 1962 will apply to Tribunal, Appeal shall be heard by Special Bench constituted by president of Tribunal consisting of President and at least 2 members (1 judicial and 1 technical). Tribunal after giving opportunity of being heard pass such order as it may deem fit Importer of goods shall file appeal with CESTAT Within 90 days (or extended by CESTAT on satisfaction) of Order Along with Fees Rs. 15,000 Stay Applications will bore a fees of Rs. 500

20. MANISH KUMAR ENRL NO- CUSB2013131017