Page 488 - MANUAL OF SOP

Countervailing Duty Investigations

of the confidential information and if, in the opinion of a party providing
such information, such information is not susceptible of summary, such
party may submit to the designated authority a statement of reasons why
summarisation is not possible.

(3) Notwithstanding anything contained in sub-rule (2), if the designated
authority, is satisfied that the request for confidentiality is not warranted or
the supplier of the information is either unwilling to make the information
public or to authorize its disclosure in generalized or summary form, it may
disregard such information.”

20.45 The provisions of confidentiality/non- confidential are similar to that of
Article 6.5.1 of the AD Agreement and therefore the guidelines notified vide Trade
th
Notice No 10/2018 dated 7 September, 2018 and Trade Notice No. 14/2018
(wherever applicable) dated 01 October, 2018 may be applied mutatis mutandis
st
to CVD investigations.

INSPECTION FOLDER
20.46 In every CVD investigation, an inspection folder, containing non-confidential
versions of the submissions & responses filed by all the interested parties is to
be maintained by the team. Interested parties can inspect and obtain copies of
the submissions/responses of other interested parties during the course of the
investigation. Upon examination of responses filed by interested parties, DGTR may
request for more information if it determines that such information is necessary for
conducting the investigation.

INJURY DETERMINATION

20.47 Rule 13 of the CVD Rules provides for “Determination of Injury” :
24
13. Determination of injury-
(1) In the case of imports from specified countries, the designated authority
shall give a further finding that the import of such article into India causes
or threatens material injury to any industry established in India, or materially
retards the establishment of an industry in India.
(2) Except when a finding of injury is made under sub-rule (3), the designated
authority shall determine the injury, threat of injury, material retardation to
the establishment of an industry and the casual link between the subsidised

24 Article 15 of SCM Agreement defines injury in three parameters i.e. Adverse Effects (Article 5), Serious Prejudice
(Article 6) and Material Injury (i.e. fact-specific in each case)

465