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.




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