Page 330 - MANUAL OF SOP

Determination of Net Export Price

(i) Exports directly to unrelated Indian importers;
(ii) Exports to a related Indian importer who in turn re-sells to unrelated Indian
customers;

(iii) Exports through an unrelated exporter (in any country) to unrelated Indian
importer;
(iv) Exports through a related exporter (in any country) to unrelated Indian
importer;
(v) Any other channel of export during the POI by the respective producer.

12.14. As already mentioned above, if any entity has more than one channel
of exports to India, then after calculation of above mentioned individual NEP, a
weighted average NEP is to be worked out for that entity for comparison with the
weighted average Normal Value of the respective producer.

12.15. The present method would cast a duty upon the producers to submit a
complete response accounting for whole of the quantity of exports to India. In
case the response is not 100% adequate due to any reason, the same has to be
specifically explained in detail and the Authority has the discretion to take the final
decision regarding accepting or rejecting the response based on the merit of each
case.

12.16. The exports could also be invoiced through another party – related or
unrelated. However, it will not alter the fact that the producer, who is in knowledge
of the fact of exports of the goods, will continue to be treated as the exporter even
if goods have been shipped from any country other than country of origin.

12.17. In the event of exports taking place through related intermediaries, it would
be obligatory for each of these related intermediaries to submit information and
cooperate in the investigations in order to get an individual dumping margin for the
responding Producer. It should also not matter whether the intermediary is situated
in the country of origin or any other third country. The producer exporter may be
considered non-cooperative if there is non-cooperation by any of the related entity
(Refer to Chapter 19 for Related party provisions) dealing in the subject goods.

channel of exporter and trader combination. This also resulted in some of the traders getting multiple rate of duties.
As the combination of producer, exporter and trader is a commercial arrangement wherein the maximum onus is on
the producer, the decision was taken to revise the practice.

307