Page 324 - MANUAL OF SOP

Injury Analysis

11.7.60. It may be added that the injury can either be an existing material injury or
a threat of material injury to a DI or a material retardation to the establishment of
the DI. In order to conclude that the dumped imports have caused material injury to
the DI, the investigation Authority must analyze through an objective examination
of positive evidence:

(i) whether there exists a significant increase in dumped imports in absolute
terms or relative to production or consumption in the importing member
which by means of their volume, price or both effected in;

(ii) a significant price undercutting effected in a significant price depression
or a price suppression of significant price increases which otherwise would
have occurred in the market of importation for like products;

(iii) the impact of the subject imports on unrelated domestic producers of the
like products as a whole, or those domestic producers whole collective
output constitutes a major proportion of the total domestic production of
those products by inter alia evaluating: all relevant economic factors and
indices having a bearing on the state of the industry; factors affecting
domestic prices; the magnitude of the margin of dumping; actual and
potential negative effects on cash flow, inventories, employment, wages,
growth and the ability to raise capital and investment.

11.7.61. It can be said that undertaking a non-attribution analyses is generally not
direct and not very easy. Figures are not to be accepted at their face value and
trends need to be interpreted correctly. The following factors could, include, but
are not limited to:

(i) the volume and prices of imported like articles that are not dumped;

(ii) contractions in demand or changes in patterns of consumption;
(iii) restrictive trade practices of, and competition between, foreign and Indian
producers of like articles;

(iv) developments in technology; and
(v) the export performance and productivity of the DI.

(vi) some other factors that may be relevant for examination include:
(a) force majeure (Act of God) events (such as a natural disaster);

(b) labour strike or acute shortage of labour;

301