Page 483 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

20.24 Rule 2 (b) of the CVD Rules is similar to Rule 2 (b) of the AD Rules , .
16 17
Therefore, practices followed under anti-dumping investigations for determination
of DI, as mentioned in chapter 4 of this Manual, may be applied mutatis mutandis
to CVD investigations.

20.25 The designated authority may initiate an investigation suo-motu in terms
of Rule 6(4) of the CVD Rules, if it is satisfied from the information received from
the Commissioner of Customs appointed under the Customs Act, 1962 (52 of
1962) or any other source that sufficient evidence exists as to the existence of the
circumstances referred to in sub-clause (b) of sub-rule (3).

20.26 The process of defining and describing the PUC, is similar to as followed for
ADD investigation mentioned in Chapter 3 of this Manual. It is the responsibility of
the Investigating team (with the approval of DA) to clearly and accurately define
and describe the scope of the PUC concerned during the investigation at the stage
of consideration of initiation.

20.27 The POI and IIP should be clearly defined for the CVD investigation. Since
the relevant provisions in this regard in CVD law are similar to the ones in ADD law,
therefore, the methodology followed in Chapter 5 of this Manual may be followed
for this purpose.

20.28 The application should provide sufficient prima facie evidence that the
exporting country or countries are subsidizing exportation of a particular product
to India, which is causing injury to the domestic industry.
20.29 An application seeking initiation of CVD investigation should be
accompanied with complete information in the prescribed formats duly signed and
certified. The following documents in addition to the prescribed formats should be
included along with the application:

S. No. Documents / Information
1. Soft copy of the application
2. Excel files of the costing formats
3. Total Indian production of each of the applicant(s) along with its breakup in
PUC & NPUC and split up of domestic sales and export sales for the PUC
4. Installed Capacity of PUC with supporting documents like the Pollution Control
Board Certificate
16 As Article 16 of the SCM Agreement is similar to Article 4 of AD Agreement
17 See Panel Report, China – Anti-Dumping and Countervailing Duty Measures on Broiler Products from the United
States, WTO Doc. WT/DS427/R, (Aug. 2, 2013).

460