Page 487 - MANUAL OF SOP
P. 487

Manual of OP for Trade Remedy Investigations


                  9    Details of all abnormal close downs, if any
                 10    Business Transfer Agreement/Details - if there is any major change in ownership
                       during IIP and consequential change in the value of assets, if any.
                 11    Merger/Amalgamation details- if there is any merger/amalgamation and conse-
                       quential change in the value of assets if any
                 12    Valuation Report - if there is a change in the value of assets
                 13    Details of major by-products and their realisations
                 14    Complete break-up of Sales Realisations as reconciled with audited records of
                       the company as a whole. Each major product to be separately indicated.

               20.42  The interested parties or their representatives may procure import data
               from DGCI&S, if required, through an authorization issued by DGTR as per detailed
               guidelines in the form of contained in trade notice 07/2018 dated 15.3.2018.

               20.43  If exporters/producers do not reply to the questionnaire, refuses access to or do
               not provide necessary information within a reasonable period or significantly impedes
               the investigation, they are considered to be ‘non–cooperating’ in the investigation.
               The  Authority  will  use  the  best  information  available  for  such  non-cooperating
               parties, pursuant to Article 12.7 of the SCM Agreement and Rule 7(8) of the CVD
                   22
               Rules .
               CONFIDENTIALITY

               20.44  Rule 8 of the CVD Rules  govern the provisions regarding confidentiality:
                                           23
                     “(1)  Notwithstanding anything contained in sub-rule (1), (2), (3) and (7)
                     of rule 7, sub-rule (2) of rule 14, sub-rule (4) of rule 17 and sub-rule (3) of
                     rule 19 copies of applications received under sub-rule (1) of rule 6 or any
                     other information provided to the designated authority on a confidential
                     basis by any party in the course of investigation, shall, upon the designated
                     authority being satisfied as to its confidentiality, be treated as such by it and
                     no such information shall be disclosed to any other party without specific
                     authorisation of the party providing such information.
                     (2)  The designated authority may require the parties providing information
                     on confidential basis to furnish non-confidential summary thereof in
                     sufficient details to permit a reasonable understanding of the substance

               22  See Panel Report, US – Anti-Dumping and Countervailing Duties (China), (DS 414), Refer Para XX of Chapter 24
               for WTO Jurisprudence.
               23  Article 12. 4 of the SCM Agreement contains provisions regarding confidentiality


                                                 464
   482   483   484   485   486   487   488   489   490   491   492