Rules 6 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rules 6 to 10 describe how a countervailing duty investigation begins and how it is run. Rule 6 sets who can apply and the support tests; rule 6A, found only in the CVD rules, requires consultation with the exporting country's government; rule 7 sets the public notice and information procedure; rule 8 protects confidential information; rule 9 requires the authority to check accuracy; rule 10 allows verification in other countries.
This article reads the rules as amended up to Notification No. 51/2024-Customs (N.T.) dated 23 July 2024 (rule 23A, in force 24 July 2024). Later notifications should be checked before you rely on the current text.
The designated authority starts an investigation on a written application by or on behalf of the domestic industry (or suo motu on information from Customs or another source). No investigation starts if supporters account for less than twenty-five per cent of production. Before initiation, the exporting country's government must be invited for consultations (rule 6A). Information notices must be answered within thirty days unless extended. Confidential information is protected, and refusal to cooperate allows findings on facts available.
Rule 6: initiation
Application and evidence (6(1) and (2))
Except for the suo motu route, the designated authority initiates only on a written application by or on behalf of the domestic industry, in the form it specifies. The application must be supported by evidence of (a) subsidy and, if possible, its amount, (b) injury where applicable, and (c) where applicable, a causal link between the subsidised imports and the alleged injury.
The tests (6(3))
| Test | As printed |
|---|---|
| Standing | The authority must determine from the degree of support for or opposition that the application is by or on behalf of the domestic industry |
| Floor | No investigation if producers expressly supporting account for less than twenty-five per cent of total production of the like product by the domestic industry |
| Majority | Application is "by or on behalf of domestic industry" if supported by producers whose output is more than fifty per cent of production by the portion of the industry expressing support or opposition |
| Evidence | Authority examines accuracy and adequacy and must be satisfied there is sufficient evidence of subsidy, injury where applicable and causal link where applicable |
Suo motu, notice and confidentiality of the application (6(4) to (6))
- 6(4): the authority may initiate suo motu if satisfied from information from the Principal Commissioner of Customs or Commissioner of Customs, or any other source, that sufficient evidence exists as in sub-clause (b) of sub-rule (3).
- 6(5): it notifies the government of the exporting country before proceeding to initiate.
- 6(6): it avoids any publicising of the application unless a decision to initiate has been made. An Explanation below it sets the period of investigation: not more than six months old on the date of initiation, and a period of twelve months, with the authority able, for reasons recorded in writing, to consider a minimum of six months or a maximum of eighteen months. Sub-rule (6) was inserted by Notification No. 10/2020-Cus. (N.T.) dated 2-2-2020.
Rule 6A: consultation
Rule 6A, inserted by Notification No. 10/2020-Cus. (N.T.), has two parts. Under 6A(1), as soon as an application under rule 6 is accepted, and in any event before the initiation of any investigation, the Government of the exporting country whose products may be investigated is invited for consultations to clarify the matters in rule 6, aiming at a mutually agreed solution. Under 6A(2), that Government is afforded a reasonable opportunity to continue consultations throughout the period of investigation. No such rule appears in the anti-dumping rules.
For a subsidy case, this matters because the subsidy scheme belongs to the exporting government. An exporter should check with its own government's trade officials whether consultations have been invited.
Rule 7: principles governing investigations
Once it decides to initiate, the authority issues a public notice (7(1)) containing, inter alia: the exporting countries and article; the date of initiation; a description of the subsidy practice or practices to be investigated; a summary of the factors on which the injury allegation is based; the address for representations by interested countries and parties; and the time limits for views.
| Sub-rule | Requirement |
|---|---|
| 7(2) | Public notice copied to known exporters, the exporting government and other interested parties |
| 7(3) | Copy of the application to known exporters (or their trade association) and the exporting government, and to any other interested party on written request |
| 7(4) | Information notices answered in writing within thirty days of receipt, or an extended period on sufficient cause. The notice and other documents are deemed received one week after being sent or transmitted to the diplomatic representative |
| 7(5) | Industrial users, and consumer organisations for retail goods, may furnish relevant information |
| 7(6) | Oral information from an interested country or party counts only when reproduced in writing |
| 7(7) | Evidence given by one party is made available to the other interested parties |
| 7(8) | If a party refuses access or does not provide necessary information in a reasonable period, or significantly impedes the investigation, the authority may record findings on the facts available and make such recommendations as it deems fit |
An example: Vishwa Cables is named in a notice about subsidies given by its home government. The notice reaches the diplomatic representative on 4 April. It is deemed received on 11 April under the Explanation to 7(4), so the thirty days run from then, unless the authority extends the time on sufficient cause.
Rule 8: confidential information
Rule 8(1) overrides the disclosure provisions in rule 7(1), (2), (3) and (7), rule 14(2), rule 17(4) and rule 19(3). Copies of applications and other confidential information are treated as such once the authority is satisfied, and are not disclosed without the specific authorisation of the provider. Under 8(2), the authority may require a non-confidential summary in sufficient detail to permit a reasonable understanding of the substance of the confidential information; a party that says it cannot be summarised may submit a statement of reasons. Under 8(3), if confidentiality is not warranted or the supplier will not allow disclosure, even in generalised or summary form, the authority may disregard the information.
Rule 9: accuracy
Except in the cases under rule 7(8), the authority satisfies itself during the investigation about the accuracy of the information on which its findings rest.
Rule 10: verification in other countries
Rule 10(1): the authority may carry out investigations in the territories of other countries to verify information or obtain further details, provided it notifies the country in advance and that country does not object. Rule 10(2): it may also investigate at the premises of any commercial organisation and examine its records if the organisation agrees and the country in whose territory it is situated is notified and has not objected. This is more detailed than the corresponding anti-dumping rule 9, covered in our article on Rules 5 to 9 of the anti-dumping rules.
Rules 1 to 5 are in our earlier article, and rules 11 and 12 on the subsidy itself follow in the next article. If you are responding to a notice, our legal dispute resolution team can help prepare your submission.
Need help in a CVD investigation?
Deadlines under rule 7 begin as soon as a notice is sent, and consultation under rule 6A can shape the case. Our legal dispute resolution team can help exporters, importers and domestic producers handle notices, confidential filings and verification requests.
Key takeaways
- Applications need evidence of subsidy, injury where applicable and causal link where applicable.
- No investigation if supporting producers account for less than twenty-five per cent of production of the like product.
- The exporting government must be invited to consult before initiation, and may continue consulting during the investigation.
- Information notices have a thirty-day deadline, with one-week deemed receipt.
- Confidential information needs a summary or a statement of reasons.
- Verification in other countries needs advance notice and no objection.
Read next
- Rules 1-5: definitions, designated authority and country of origin
- Rules 11 and 12 and Annexures III and IV: countervailable subsidies and their amount
- Anti-dumping rules 5-9: initiation and confidentiality
- Safeguard and countervailing duty explained
Disclaimer: Based on the Customs Tariff Act rules named above as published on the CBIC Tax Information Portal or in the Gazette, with the 2024 amendment to the countervailing duty rules read through a TaxClue consolidated reading text (no official consolidated text exists), as consulted on 3 October 2026. Later notifications, duty notifications and the Customs Tariff Act, 1975 should be checked. This article is general information, not legal advice; check the official text before acting.