Regulation 40

Subject to paragraphs (2) and (3), where an importer has sufficient and complete evidence that anti-dumping or countervailing duties paid by the importer during the 12-month period after the final determination of the anti-dumping or countervailing duty investigation, or any subsequent 12-month period, are in excess of the margin of dumping or the countervailable subsidy, the importer may request a refund review under section 12(1)(b) or 26(1)(b) of the Act for each such 12-month period to which the evidence relates.

An importer must not request a refund review under paragraph (1) unless the importer has not later than the time of entry of the subject goods into customs territory, notified the Director‑General of Customs and Excise and the Minister, in such form as may be required, of the importer’s intention to request a refund review.

Every request for a refund review by an importer must —

If an importer has complied with paragraphs (1) to (3), the Minister must conduct a refund review and publish a notice of initiation of the refund review.

A refund review under this regulation must normally be completed within 180 days from the date of publication of the notice of initiation of the review but it must not in any case extend beyond one year from that date.

The amount of anti-dumping or countervailing duty for the subject goods under review is to be determined by the result of the refund review.

If the margin of dumping or countervailable subsidy is found to be less than the anti-dumping or countervailing duty paid by the importer, the difference must be refunded to the importer.

If the margin of dumping or countervailable subsidy is found to be greater than the anti-dumping or countervailing duty paid by the importer, the importer must pay the difference.