(1)
Where any article is exported from any country or territory (hereafter in this section referred to as the exporting country or territory) to India at less than its normal value, then, upon the importation of such article into India, the Central Government may, by notification in the Official Gazette, impose,—
(a) if the article is not otherwise chargeable with duty under the provisions of this Act, a duty; or
(b) if the article is otherwise so chargeable, an additional duty, not exceeding the margin of dumping in relation to such article:
(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.
(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-
(2)
Subject to any rules made under sub-section (3), the Central Government shall, after making due allowance in each case for differences in conditions and terms of sale, for differences in taxation and for other differences affecting price comparability, and, after such inquiry as it may consider necessary, determine, for the purposes of sub-section (1), the export price and the normal value of, and the margin of dumping in relation to, any article.
(3)
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 duty or additional duty under sub-section (1) 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 be determined and for the assessment and collection of such duty or additional duty.
(4)
Every notification issued under sub-section (1) shall, as soon as may be after it is issued, be laid before each House of Parliament.] [Substituted by Act 52 of 1982, s.2 (w.e.f. 2-9-1985). ]