Page 63 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

This is necessary to ensure that the subject goods produced by the DI and imports
from subject countries are comparable, and technically & commercially substitutable
in terms of physical, technical specifications, functions or end-uses. .
12 13

3.35. Certain other factors which have been considered relevant by different
tribunals are as follows:

(i) Commercial substitutability and manufacturing process ;
14
(ii) Uses, raw materials, and properties of the products ;
15
(iii) The resemblance in terms of properties even though there were substantial
impurities in the domestically produced ‘like product’ ;
16
(iv) If the product is easily convertible and such a fact is also recognized by
exporters ; and
17
(v) The difference in raw materials has not been considered decisive if the
products are commercially / technically substitutable .
18
3.36. Article 2.6 of the ADA provides for a definition of ‘Like Product’ and Rule
2(d) of the Rules defines the like article as:

“like article” means an article which is identical or alike in all respects
to the article under investigation for being dumped in India or in the
absence of such an article, another article which although not alike in all
respects, has characteristics closely resembling those of the articles under
investigation ;
19
SIGNIFICANCE
3.37. Determination of the PUC and the ‘like article’ in an anti-dumping
investigation holds the key to establishing dumping and injury, and any fallacies

12 Refer to Para III of Chapter 24 for WTO Jurisprudence.
13 Oxo-Alcohol Industries v Designated Authority, 2006 (201) ELT 480 (CEGAT, New Delhi).
14 Final Finding in Anti-Dumping investigations on imports of Acrylonitrile Butadiene Rubber originating in or exported
from Japan, F No. 25/ADD/94 October 19, 1995.
15 Final Finding in Anti-Dumping investigations on imports of Bisphenol-A originating in or exported from Brazil and
Russia, F No. 9/11/94-AA, November 20, 1995.
16 Final Finding in Anti-Dumping investigations on imports of Dead Burnt Magnesite originating in or exported from
China PR, F No. 7/2/94-AA,November 12, 1996.
17 Oswal Woollen Mills Limited v Designated Authority, 2000 (118) ELT 275 (CEGAT, New Delhi).
18 Final Finding in Anti-Dumping investigations on imports of catalysts originating in or exported from Denmark, F.
No. AA/IW/39/95-96, May 7, 1997.
19 Refer to Para III of Chapter 24 for WTO Jurisprudence.

40