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
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