Page 167 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

4. The commitments stated under Article 15(a)(i) of the WTO Protocol of
Accession signed by China requires that the producers under investigation should
clearly prove that market economy conditions prevail in the industry producing the
like product with regard to the manufacture, production and sale of that product.
In the event of this being substantiated, the importing WTO member shall use
Chinese prices or costs for the industry under investigation in determining price
comparability. Further, Article 2.2.1.1 of the ADA and Annexure I of the AD Rules in
India require that the financial records of producer/exporter reasonably reflect the
production costs. Therefore, information and supportive evidence thereof on the
following may be provided:

a. Decisions in regard to price, cost, input including raw material, cost of
technology and labour, output, sales and investment, are made in response
to market signals reflecting supply and demand, without significant state
interference and considering whether cost of major inputs substantially
reflect market value.

b. Production costs and financial situation does not suffer from any distortion.
c. The producer(s)/exporter(s) are subject to bankruptcy and property law
which guarantees legal certainty and stability for the operation of the firms.
d. Exchange rate conversions are carried out at the market rate.

e. For the purpose of the aforesaid information, a Supplementary Questionnaire
is also enclosed.
5. Although the prescribed Questionnaire is available on the web address as
prescribed in para 2 of this letter, the Designated Authority reserves the right to call
for any information in this regard at any time during the investigation and during
the course of the anti-dumping proceedings. You may also submit any additional
information relevant in this regard.

6. The period of investigation (POI) is from AA.XX.20XX to AA.XX. 20LL.
However, for the purpose of analysing injury, the data of previous three years, i.e.
Apr’AA- Mar’BB, Apr’BB-Mar’CC, Apr’CC-Mar’DD and the period of investigation
will be considered.

7. The response must be in English and all supplementary information or other
material provided with it must also be in English or accompanied by an English
translation.

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