Page 489 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

import and the injury, taking into account inter alia, the principle laid down
in Annexure I to the rule.
(3) The designated authority may, in exceptional cases, give a finding as to
the existence of injury even where a substantial portion of the domestic
industry is not injured if –

(i) there is a concentration of subsidised imports into an isolated market,
and

(ii) the subsidised imports are causing injury to the producers of almost
all of the production within such market.
20.48 The existence of material injury or threat thereof to the like product of
domestic industry in India or material retardation to the establishment of domestic
industry in India and its causal relation with the subsidized imports is an essential
pre-requisite for invoking any countervailing measure in India. Injury Determination
can be defined as an evaluation/assessment of the effects of subsidized imports on
the concerned domestic industry. Injury analysis is the basis for the Authority to
arrive at a conclusion for its recommendation regarding imposition, continuation of
relevant trade remedial duty or termination of an investigation/existing duties. Such
analysis establishes that domestic industry is suffering injury. The different type of
injuries under Trade Remedy Investigations can be identified as:

(i) Material Injury;
(ii) Threat of Material Injury; or

(iii) Material Retardation.
20.49 The Annexure I to the CVD Rules requires that the determination of injury
must be based on positive evidence and involves an objective examination of:

(i) the volume effect of subsidised imports;

(ii) the price effect of the subsidised imports on prices in the domestic market
for like products; and
(iii) the consequent impact of the subsidised imports on the economic health
of the domestic producers of the like product (evaluation of Economic
Parameters).
20.50 The principles for determination of injury are broadly similar to the
procedure followed in case of Anti-dumping investigations. The important

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