Page 331 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

12.18. If the producer exporter is exporting through its unrelated intermediaries,
it would still be necessary for each of these intermediaries to cooperate during the
investigations and submit the information called for by the Designated Authority.
It does not matter whether the intermediary is situated in the country of origin,
or any other third country. Whether the intermediary is involved in the physical
movement of the goods or in financial transactions / documents, they have to
submit information and co-operate in the investigation as explained in the following
paragraphs.

12.19. If there is more than one related producer in a group in the country of
origin, which are producing PUC, then one duty rate would be recommended for
the entire group even if one or more producers in that group have not actually
exported PUC to India during POI but have filed complete response.

12.20. It is mandatory for the responding producer to file a complete response in
2
respect of all its related entities namely producers, exporters, traders, importers who
are involved in exports of PUC to India directly or indirectly for being considered
co-operative and get an individual dumping margin. In case, exports are through
un-related exporter/trader, the response from all unrelated entities is still required
(with some relaxation as detailed in subsequent para). In case the information from
unrelated entities is not complete, the response is liable to be rejected. However,
if the response is accepted by the Authority (to be mentioned specifically in the
Disclosure/Final Findings), following methodology is to be adopted for processing
the response and working out the producer wise NEP (for exports through unrelated
exporters/traders):

(i) The NEP with respect to co-operative producer/exporters shall be worked
out for each channel of exports separately.

(ii) The export price with respect to share of non-cooperating exporter shall be
constructed based on available information
(iii) Based on the actual net export price and the constructed export price(for the
non-co-operative non-related exporter), an overall weighted average export
price shall be computed to work out the overall NEP for the responding
producer, which will then be used for computation of dumping margin;
(iv) In case the share of exports to India of unrelated exporters not participating
in the investigation constitutes more than 30% of the total volume of
2 Refer to para XII of Chapter 24 for WTO Jurisprudence.

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