Page 513 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

Post-Initiation: Submission of Documents
21.35 The applicant DI is required to submit the additional information/ documents,
if any during the course of investigations.

21.36 The team should verify the authenticity of the data submitted by all the
interested parties. The process of verification is as detailed in Chapter 8 of this
Manual. The need to decide on the requirement of physical verification of the plant
and data is to be decided on a case to case basis with the approval of DG.

Computation of Injury Margin

21.37 Article 5 of the Agreement and Rule 12 of Safeguard Rules require that
Safeguard duty should not exceed the amount which has been found adequate
to prevent or remedy serious injury. However, no guidance is provided under the
Safeguard Agreement, Act or Rules regarding the quantification of serious injury.

21.38 In view thereof, the broad principles followed in anti-dumping cases should
preferably be followed in safeguard investigations also.

Provisional Finding, Oral Hearings and Final Findings
21.39 In critical circumstances warranting grant of immediate relief to the domestic
industry, the investigation may be conducted expeditiously and a preliminary finding
is recorded regarding serious injury or threat of serious injury to the domestic
industry. In such cases, provisional Safeguard duty may be imposed for a period
not exceeding 200 days. In Safeguard investigations, provisional finding can be
issued at any time, after initiation.The proviso to sub-section (2) of section 8B also
provides that where the Central Government in its final determination concludes
that increased imports have not caused or threatened to cause serious injury to
a domestic industry, it shall refund the amount of safeguard duty provisionally
collected.

21.40 Before issue of final finding, an oral hearing is required to be conducted.
The notice for Oral Hearing should be given well in advance to all the interested
parties. The oral submissions made by the interested parties, including the Domestic
Industry during the hearing are required to file written submission of the views
presented orally in terms of sub rule (6) of rule 6 of the Custom Tariff (Identification
and Assessment of Safeguard Duty) Rules, 1997.

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