Page 64 - MANUAL OF SOP

Puc & Like Article

in the same could make the entire investigation void. Complexities arise when
the PUC involves multiple types/grades/varieties, multiple technologies, multiple
processes, different raw materials, etc. These aspects make the determination of
the PUC and the like article highly technical; rendering the investigation itself very
complex. The important characteristics required to be examined while determining
“like article” are similarity of physical characteristics, end use of the product,
consumer preference and tariff classification etc. Two products may look different
in terms of technology of production, design, style, quality, etc., yet they could be
considered alike for the purpose of investigation as long as they are functionally
substitutable and replaceable in the market, due to similar end use, and consumer
preference .
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3.38. In an investigation, while the anti-dumping duties are imposed on the PUC
on the basis of the analysis of the PUC itself, the impact is to be analyzed in the
context of the like articles produced by the DI. It is possible that the PUC itself
may have to be revisited after analyzing the like articles produced by the DI. This
requires a comparison of all product categories potentially considered as “like
article”.

3.39. There are at least three categories of like article in an investigation:
(i) the product produced and sold by the DI;

(ii) the product sold by exporter/producer in his home market or third country,
the data of which is used for determination of normal value; and
(iii) the product being imported from non-subject countries.

3.40. It may so happen that all like articles mentioned above are the same. But in
a complex product, it may be different. It should be understood that like article is
not the same for all these purposes but have been determined alike for the purpose
of the investigation.

3.41. An illustration can be found in the investigation pertaining to import of Solar
Cells initiated in 2013 and again in 2017, the PUC was identified as “Solar Cells
whether or not assembled partially or fully in Modules or Panels or on glass or some
other suitable substrates”. The justification for identifying this PUC and like article
under one investigation was on account of the fact that they were considered as
one product. It was further clarified that there is no major value addition or major

20 Refer to Para III of Chapter 24 for WTO Jurisprudence.

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