Page 27 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

Customs Tariff Act, 1975 as amended by the Customs Tariff Amendment Act, 1995
[Sec 8B] and the Customs Tariff (Identification and Assessment of Safeguard
Duty) Rules, 1997. The legislative framework for Safeguard Measures by way
of Quantitative Restrictions is contained in the Foreign Trade (Development and
Regulation) Act, 1992, amended in 2010, and the Safeguard Measures (Quantitative
Restrictions) Rules, 2012.

1.10 This Manual on Operating Practices has been created as a step by step
guide to provide practical assistance to government investigators, entrusted by the
Authority in conducting trade remedial investigations. The purpose of this Manual
is to foster a comprehensive understanding of the processes relating to trade
remedy measures. However, this Manual is not intended to construct or replace
any legal provisions provided under the relevant Acts and Rules. While the focus of
this Manual is on anti-dumping investigations, a brief and condensed overview of
the process of investigations under Countervailing Measures, Safeguard Measures
and Quantitative Restrictions has also been provided herein.

1.11 Trade remedy investigations are multi-stage processes that follow an
established sequence. Every step in this process has to be taken in a fair and
transparent manner, by giving the stakeholders an opportunity to participate in
the investigation. The process flow-charts for investigations are provided herewith
and time-lines for each stage are provided in the attached OM dated 12.04.2018.
The process flow-charts aim to explain the legal process in a sequential manner
for easy understanding of the investigators and other officials. Since trade remedy
investigations and procedures are very detailed and complex, there is a possibility
that some of the intricate processes or detailed methodologies might not have
been captured adequately. The Directorate has embarked on its mission to promote
digitalization by enabling online submission of application/responses by all the
stakeholders, this is likely to revolutionize the investigation process and may affect
the different stages of investigation with respect to processing and timelines.

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