Page 58 - MANUAL OF SOP

Puc & Like Article

parlance or the value addition between these products is nominal or the product is
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traded in assembled/semi-assembled/unassembled form .
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3.10. The PUC is defined to include those items only, which are manufactured
by the DI. Mere competence without any production or merchant sales may not
be sufficient to include an item in the definition of the PUC. Similarly, if an item
is produced and consumed only captively (in-house) without any outside sales
the DI’s request for an investigation against this product may be considered with
caution. The PUC should preferably include those items, which are produced and
commercially sold in the domestic market by the respective DI. An exception could
be the cases where the applicant is a new industry, who has set up facility for a
new product or could be an upstream product of an existing industry and the new
industry is facing difficulty in capturing market on account of dumped imports of
the product .
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3.11. The team should also examine the fact whether the same product was ever
investigated for any trade remedy measure at any point of time in the past.

3.12. The definition of the PUC is very important in any anti-dumping investigation.
If the definition is not specific and is vague or generic, then there is a possibility
that it may cover product types which the DI may not be producing or may not be
capable of producing leading to overprotection of the DI. Whereas if the description
of the PUC is too narrow, it may fail to give relief or protection to the DI. It may also
result in ‘circumvention of the duties levied’.

3.13. The PUC should be defined accurately, and in a manner that it is discernible
in terms of technical and measurable parameters distinguishable to the Customs
Authorities at the time of importation. The product in all its forms, like liquid or
solid, and in all different strengths/concentrations are to be covered in the PUC to
avoid circumvention. All nomenclature/descriptions/ known names of the product
should be included in the scope of the PUC. The PUC should be defined in terms
of:

7 Final Finding in Anti-dumping investigation on imports of Jute Products originating in or exported from Bangladesh
and Nepal, F. No. 14/19/2015-DGAD dated 21.10.15 wherein PUC comprised of Jute Yarn/twine, Hessian Fabrics
and Jute Sacking bags.
8 Initiation Notification in Anti-dumping investigation on imports of Solar Cells, originating in or exported from China
PR, Malaysia and Taiwan, F.No.6/30/2017-DGAD dated 21.7.17, wherein PUC comprised of assembled/unassembled
partially or fully in Modules or Panels or on glass or some other suitable substrates.
9 Final Finding in Anti-dumping investigation on imports of O- Acid originating in or exported from China, F No.
14/31/2016 –DGAD dated 19.12.17.

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