Page 301 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

Mid-Term & Sun-Set Review Investigation
10.21. Normally the practice in the Directorate is to undertake a comprehensive
review.In a review investigation in terms of Rule 23, the injury analysis is more
important for the continuation of duty particularly in the cases where the extension
is being sought on the likelihood of continuance or recurrence of the injury. NIP is
calculated for analyzing the effect of underselling as well as to determine whether
the exports from the subject country to the third country are at prices which are
otherwise injurious for the Indian DI. Therefore, in the case of review investigations,
injury analysis takes a higher significance than injury margin itself. Injury Margin is
needed for computation of injury when duty has to be quantified for revision of the
duty amount.

New Shipper Review

10.22. New Shipper Review investigation in terms of Rule 22, is filed by the
producer exporters who had not exported during the period of investigation of
the original investigation. In such a scenario the injury analysis and injury margin
is not computed during the investigation. The duty at the end of an investigation
is determined on the basis of fresh Dumping Margin or the original injury margin
whichever is less. However, in those cases, where sampling methodology was used
in case of an original investigation, it can be considered that the duty rates are given
to the co-operative un-sampled exporter be extended to the NSR applicant with the
approval of the Authority. Thus no fresh determination of IM is essential in an NSR.

Anti-Circumvention
10.23. The anti-circumvention investigation is to determine the existence and
effect of any alleged circumvention of the anti-dumping duty levied under section
9A of the Act. The investigation has to identify the various modes of circumvention
as provided in Rule 25 of the AD Rules. The Authority upon determination that
circumvention of anti-dumping duty exists, may recommend imposition of anti-
dumping duty to imports of articles found to be circumventing an existing anti-
dumping duty or to imports of article originating in or exported from countries other
than those which are already notified for the purpose of levy of the antidumping
duty (details in Chapter 18). There is no fresh determination of duty in an anti-
circumvention investigation meaning thereby no fresh IM determination is essential.
The Authority extends the duty on the PUI, if it concludes that the PUI is being
exported to India at dumped prices causing injury to the DI. In this scenario, the
existing duty is extended to cover PUI.

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