Termination of NSR investigation of Copper Tubes and Pipes from Vietnam

EXTRAORDINARY PART I —Section 1 PUBLISHED BY AUTHORITY ubZ fnYyh] 2 7 जसतम् बर] 2023 07/16/2022 No. 235] NEW DELHI, WEDNESDAY , SEPTEMBER 27, 2023/ ASVINA 5, 194 5 CG-DL-E-30092023-249088 MINISTRY OF COMMERCE AND INDUSTRY (Department Of Commerce) (DIRECTORATE GENERAL OF TRADE REMEDIES) TERMINATION NOTIFICATION New Delhi, the 2 7th September, 2023 Case No. CVD -NSR -01/2022 Subject: Termination of New Shipper Review investigation for determination of individual countervailing/anti - subsidy duty rate for M/s LS Metal Vina LLC (Producer from Vietnam) in t he case of Anti -Subsidy duties imposed on import of Copper Tubes & Pipes” originating in or exported from Vietnam. F. No. 07/16/2022 -DGTR. —A. Introduction 1. LS Metal Vina LLC, Vietnam (herein after referred as the “applicant”) has filed an application in accordance with Article 19.3 of WTO Agreement on Subsidies and Countervailing Measures (hereinafter also referred to as "ASCM"), the Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Rules, 1995 as amended from time to time (hereinafter also referred to as the 'Rules') and the Custom Tariff Act, 1975 as amended from time to time (hereinafter referred to as the 'Act') before the Designated Authority (her einafter also referred to as the "Authority") requesting for determination of their individual countervailing/ anti -subsidy duty rates in the matter of anti -subsidy duties levied on subsidized imports of Copper Pipes and Tubes, originating in or exported from Malaysia, Thailand and Vietnam. 2. The Designated Authority, on the basis of prima facie evidence submitted by the applicant, issued a public notice vide notification no. 07/16/2022 -DGTR dated 30th September 2022, published in the Gazette of India, Extra ordinary, initiating the subject investigation. B. Withdrawal of the application by Domestic Industry 3. The applicant vide email dated 22.09.2023, has withdrawn their application stating that there is a lacuna under the Indian Countervailing Duty framework in the sense that there are no provisions for a new shipper review, due to which it would not be possible to proceed further in the subject investigation. 4. The applicant has requested the Authority to terminate the present investigation with liberty to th e applicant to file new application after the amendment to include a NSR provision in the Indian CVD framework. C. Examination by the Designated Authority 5. In view of the request made by the applicant withdrawing its application , the Designated Authority co nsiders that the investigation has become infructuous after the withdrawal of the application. 6. Since the applicant has withdrawn the application, it is considered appropriate not to proceed further with the conduct of the investigation. Accordingly, in ter ms of Rule 14 (a) of the Rules the Authority , hereby terminates the New Shipper Review investigation for determination of individual countervailing/anti -subsidy duty rate for M/s LS Metal Vina LLC (Producer from Vietnam) in the case of anti -subsidy duties imposed on import of Copper Tubes & Pipes” originating in or exported from Vietnam initiated vide notification no. 07/16/2022 - DGTR dated 30.09.2022. ANANT SWARUP , Designated Authority Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.