Page 65 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

manufacturing process involved in placing cells on a module/panel . However, to
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have a fair comparison the PUC and like articles were segregated into various PCNs
namely Cells, Modules & Thin Films and interested parties were asked to submit
information accordingly.

OPERATING PRACTICES
3.42. The rationale in the definition of ‘like article’ within the Rules has to be applied
categorically as soon as the process of the PUC identification is completed at the
stage of initiation itself.

3.43. It should be ascertained whether the applicant DI is producing the like
articles or not. The production of any other producer making a like article will have
to be included to arrive at the total production of the PUC in India.

3.44. The “like article” is relevant in the context of the Goods produced by the
Indian industry, and also for the producer exporter who is alleged to be dumping
into India to determine dumping margin more precisely.

3.45. To define the ‘like article’, the first step is to look for identical articles.
In the absence of such identical features, the goods with characteristics closely
resembling those of the PUC should be seen. Only if the goods produced by the DI
are found to be not identical, then other factors such as channels of distribution,
market segmentation, the process of manufacturing, etc., should be considered in
determining the ‘like articles’.

3.46. Like Article can be recognized on the basis of substitutability by consumers
or producers or both. The following parameters can be relevant in the determination
of like articles in the context of the goods produced by the DI. It may be added here
that an article is not required to qualify on all the parameters as they have to be
examined independently and the final decision is to be taken on the merits of each
case under investigation:

21 “the Authority notes that to make practical use, solar cells are placed on devices like panels/module etc. and are
not separate product per se. Solar cells are manufactured to be used in Modules. A solar module/panel is nothing
but a packaged, connected assembly of solar cells which would render generation of electricity through photovoltaic
technique. It is also noted that there is no major value addition or major manufacturing process involved in placing
cells on a module/panel. Submissions on record of the Authority show that a lot of module manufactures are
importing cells from subject countries and are assembling them into modules. Authority holds that Cells and Modules
are not different products as modules or panels are nothing but an array of cells to make the practical use of cells”.

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