Page 329 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

12.9. After notification of initiation of investigation, the producer exporters are
required to submit the Questionnaire response along with the prescribed formats
inside T.N. No. 05/2018 dated 28.2.2018 within the stipulated time, including
following:

S. No. Document
1 Listing of transaction wise exports to India in the prescribed format in
appendix-3A, 3B, 3C
2 Evidence for adjustments done in export price
3 Details of different channel of exports to India
4 Evidence that transactions with related party are at arm’s length.
5 Sample sales invoices for period of investigation

12.10. The filing of a complete Exporter Questionnaire Response (EQR) makes
responding producer exporter to be considered as co-operative and eligible for
individual dumping margin leading to individual duty margin.

12.11. The Producer Exporters, who have not exported to India during the period
of investigation, are not to be considered for calculation of individual dumping
margins as they are not eligible for individual duty rates, unless they are part of a
single group and are related to parties / entities of that group, who have exported
to India during the period of investigation.

12.12. Generally, one Export Price is determined for each co-operative producer
exporter for the POI as whole. However, in some cases monthly or quarterly Export
Prices may also need to be worked out especially in case of products with highly
volatile market prices. Normal Value in such cases should also be determined month
wise or quarter wise for working out more accurate dumping margins. The Rules
do not prohibit even transaction to transaction workings of Normal Value and NEP
resulting in transaction wise dumping margin if the case so warrants. However,
for quantification of duties to be recommended as per Rules, the analysis done on
transaction wise, weekly, monthly, quarterly or yearly basis should be converted
into one weighted average dumping margin.

1
12.13. The determination of dumping margin should be made producer wise .
This requires determination of net export price for each of the channels of exports
identified and then take a weighted average thereof, as follows:
1 Earlier the practice was to give specific rate of anti-dumping duty to the combination of producer and exporter/
trader. This created challenges for co-operative producer exporter, wherein producer was getting restricted to the

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