Page 344 - MANUAL OF SOP
P. 344
Determination of Dumping Margin
(4) Notwithstanding anything contained in sub-paragraph (2), the
designated authority may treat such country as market economy
country which, on the basis of the latest detailed evaluation
of relevant criteria, which includes the criteria specified in sub-
paragraph (3), has been, by publication of such evaluation in
a public document, treated or determined to be treated as a
market economy country for the purposes of anti-dumping
investigations, by a country which is a Member of the World Trade
Organisation.
SIGNIFICANCE
13.3. The normal value is the domestic sales price of the like article of the
producer exporter in the home market of the exporting country. An anti-dumping
investigation, requires assessment of dumping and injury besides many other
parameters. The determination of dumping margin is contingent on determination
of ex-factory Normal Value (selling price of the participating producer exporter in its
home country market) which is then compared with the export price (selling price
of that participating producer exporter to India).
13.4. In terms of Section 9A(1)(c)(i) of the Act,the Authority determines the
normal value on the basis of domestic sales of each cooperative producer exporter
as declared in the EQR.
13.5. The determination of normal value is not possible on account of non-
acceptance of normal value due to: (i) no sales of the like article in the ordinary
course of trade; or (ii) particular market situation or, (iii) low volume of the sales, in
the domestic market of the exporting country or territory. In such a situation, under
Section 9A(1)(c)(ii)the normal value should be determined as follows:
(i) Comparable representative appropriate third country export price; or
(ii) Cost of production of the said article in the country of origin along with
reasonable SGA and profits.
OPERATING PRACTICES
13.6. Annexure- I of the Rules provide the principles governing the determination
of normal value, export price and margin of dumping which is required to be
determined for each of the responding and co-operative producer exporter who
have exported to India during the POI.
321