Page 345 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

13.7. The consideration of normal value depends, in large part, on the availability
of a “comparable price in the ordinary course of trade” .However, this requires
3
application of ordinary course of trade test. To apply the test of ordinary course
of trade, the determination of Cost of Production is essential. This test is
normally called 80: 20 test, the details of which are mentioned in subsequent
paragraphs.

13.8. The normal value is required for initiation of investigation, which is based
on the information provided in the application by the DI. However, subsequently
after initiation of investigation, the normal value is determined on the basis of
the responses of the co-operating producer exporter from the subject country(ies)
received during the course of investigation.

Pre-Initiation
13.9. A petition seeking initiation of investigation should be accompanied with
complete information in the prescribed formats duly signed and certified. This
information forms the basis for computation of normal value for the purpose of
initiation of investigation.
13.10. As per application proforma prescribed for DI and Trade Notice 15/2018
dated 22.11.2018, each application seeking initiation of anti-dumping investigations
should inter-alia be accompanied with the following information/documents:

S. No. Documents / Information
1 Soft Copy of the application
2 Direct evidence of domestic selling price in the exporting country, if available
3 In case direct evidence is not available, reasonable other evidence of the
prevailing selling price in the exporting country
4 In case of non-availability of the domestic selling price in the country of export,
then Constructed Normal Value be provided along with the methodology for
the calculations
5 The detailed reasons in case of the claim that any of the exporting country is
alleged to be operating in non-market conditions

13.11. The investigation team is required to prima facie confirm the adequacy and
accuracy of information in terms of Rule 5 of the AD Rules.

3 Please refer to Para XIII of chapter 24 for WTO Jurisprudence.

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