Page 383 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

same to the notice of the Authority, for consideration on its merits while forming
its opinion in the Final Findings.

16.4. The Disclosure Statement should only convey the facts and data which
would be taken into consideration after examining all relevant submissions. The
Disclosure Statement contains essential facts under consideration which would
form the basis for the final findings in the investigation and, therefore, these cannot
be taken as final conclusions of the Authority and it should not be treated as the
draft final findings .
2

OPERATING PRACTICE
16.5. After conducting investigation in a fair and transparent manner by giving
all the parties an opportunity to participate at every stage of the investigation and
examining, analysing, tabulating and recording all relevant information, it’s time to
issue Disclosure Statement .
3
16.6. The team after meticulously examining all the facts/data/information under
consideration as per the procedure mentioned in the Rules, presents the case to
DG and after discussions submits drafts of disclosure statement to DG proposing to
disclose there levant facts to all the interested parties.
16.7. The disclosure must contain all factual details available with the authority till
this stage. The disclosure should be issued as per the timelines indicated in Circular
No.2 dated 27.2.2018 and revised vide O.M. No.4/7/2018 dated 12.4.2018,
annexed herewith.

16.8. The disclosure is not the decision of the investigation but a communication
with respect to there levant facts taken into consideration for the concerned
investigation which will form the basis of the Final Finding.

16.9. It should contain all the submissions/arguments made by various interested
parties at different stages of the investigation considered relevant for processing
the investigation. Irrelevant submissions and information may be disregarded.

16.10. The disclosure statement is to be prepared both in confidential and non-
confidential versions. Confidential version is for the office file and every care is
to be taken that it is not released. Whereas non-confidential version (NCV) of the

2 Please refer to Para XVI of Chapter 24 for WTO Jurisprudence.
3 Please refer to Para XVI of Chapter 24 for WTO Jurisprudence.

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