Page 67 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

(i) Do the goods have the same or similar end use? What is the extent to which
the two goods are capable of performing the same function? e.g. both a
shovel and an earth moving machine can move earth;

(ii) Do the goods have differential value? (Since quality claims are subjective,
objective evidence like official standards, or verifiable end-user surveys, hold
higher probative value); and
(iii) Is end-user preference likely to change in the future, based on end-user
trends and behaviour in other markets and countries?

Production Likeness

3.46.7. Different production processes may produce identical goods or may create
different product characteristics. A comparison of the production process will not
itself establish like goods but may highlight differences or provide support to the
assessment of other considerations.

(i) To what extent are the goods constructed of the same or similar materials?

(ii) Have the goods undergone a similar manufacturing process? If different,
what is the impact of those differences?
(iii) Are the costs of manufacture similar? A similarity in the cost of manufacture
may be an indicator of likeness but is not determinative.

(iv) Are there any patented processes or inputs involved?
3.47. Production substitutability may also be examined. It would mean that
producers/manufacturers can interchangeably produce the products within the
same facility then they should be considered like article, as was held in the case of
aluminum radiators wherein the product variants as such were nor substitutable
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by the end user/consumer but they were being produced by all the producers
interchangeably.

3.48. The quality of the PUC cannot be claimed to be a valid ground for claiming
product differentiation as there could be a substantial element of subjectivity in such
assessment. However, if the issue of quality is such that it can be demonstrated to
lead to technical implications, it should be appropriately examined.

22 Final Finding in Anti-dumping duty investigation concerning imports of Aluminium Radiators, Aluminium Radiator
Sub- Assemblies and Aluminium Radiator Core, including in CKD or SKD conditions, for use in used/on road vehicles
and generator sets, excluding aluminium radiators meant for use in new Automobiles originating in or exported from
China PR, F No. 14/24/2015-DGAD, March 20, 2017.

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