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Imposition of duty with retrospective effect

Imposition of duty with retrospective effect: 

If the following conditions are satisfied, then the Central Government may by notification in the Official Gazette levy antidumping duty retrospectively from a date prior to the date of imposition of anti dumping duty. Notwithstanding anything contained in any law for the time being in force, such duty shall be payable at such rate and from such date as may be specified in the notification. The retrospective date from which the duty is payable shall not be beyond 90 days from the date of such notification.

(a) There is a history of dumping which caused injury or that the importer was, or should have been, aware that the exporter practises dumping and that such dumping would cause injury; and

(b) The injury is caused by massive dumping of an article imported in a relatively short time which in the light of the timing and the volume of the imported article dumped and other circumstances is likely to seriously undermine the remedial effect of the anti -dumping duty liable to be levied.

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