Page 497 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

20.74 The notice of hearing must also be uploaded on the DGTR website. Posting
of notice of hearing or any other communication on the website shall be deemed to
be served upon all the interested parties even though all efforts should be made to
communicate individually to each of the registered interested parties. The detailed
procedure for oral hearing in Anti-dumping investigation as given in chapter 15 of
this manual may also be kept in mind for CVD investigation.

PRELIMINARY FINDING
20.75 Section 9(2) of the CVD Act and the Rule 14 of the CVD Rules provides
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for the imposition of preliminary measure. As per these provisions, if DGTR finds
in appropriate cases that a preliminary measure is required to prevent injury being
caused, it may proceed expeditiously with the conduct of the investigation and
shall issue a preliminary finding recommending imposition of a countervailing duty
on case to case basis. However, this is not a mandatory provision and is on the
discretion of the Authority. In addition, no preliminary measures are imposed prior
to 60 days from the date of initiation of the investigation and such a measure
imposed shall be limited to a brief period, not exceeding four months.

PRICE UNDERTAKING

20.76 With regard to price undertakings, Article 18.1 of the SCM Agreement and
Rule 17(1) of the CVD Rules envisage two types of undertakings: (a) an undertaking
by the exporting country government to eliminate or limit the subsidy or to take
other measures concerning its effects; or (b) an undertaking by an exporter to revise
its prices to eliminate the injurious effect of the subsidy or the amount of the subsidy
itself, whichever is lower. The detailed procedure for submission and acceptance of
Price Undertaking in AD investigations as given in Chapter 16 of this Manual may
be followed for CVD cases also.

DISCLOSURE STATEMENT
20.77 Rule 18 of the CVD Rules provides as follows:
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“The designated authority, shall, before giving its final findings, inform
all interested parties and interested countries of the essential facts under
consideration which form the basis of its decision and permit the interested
parties to defend their interest.”

33 Corresponding to Article 9 of the SCM Agreement
34 Corresponding to Article 12.8 of the SCM Agreement

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