Page 103 - Manual Of SOP

Manual of OP for Trade Remedy Investigations

6.7. The Investigation team shall inform the Government of the subject country
through their Embassy in India about the receipt of an application for initiation
of an investigation . This letter shall be sent prior to the issuance of the initiation
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notification particularly in the original investigation (Rule 5 is not applicable for
MTR/SSR investigation hence prior intimation is not mandatory, but it is desirable).
However, in certain bilateral trade arrangements, longer periods are specified for
giving advance intimation such as:

S. No. Trading partner Timelines
1. Japan 10 working days in advance of the date of initiation with a copy
of full text of the application.
2. Singapore 7 working days in advance of the date of initiation
3. Korea 10 working days in advance of the date of initiation

6.8. Only after the Authority is satisfied that there is sufficient (prima facie)
evidence regarding dumping, injury and causal link, can the Authority initiate an
investigation.

6.9. It has to be borne in mind that even at the time of initiation all such
elements and factors, that form part of Final Findings, are needed to be examined
for initiation of an investigation, though the same stringent yardstick may not be
applied. This analysis is not required to be indicated in the initiation notification.
The law only prescribes that the Authority is required to be “satisfied” that the
information with regard to dumping, injury and causal link is sufficient to justify the
initiation of an investigation. The level of evidence is not expected to be the same
as may be required for the issuance of Final Findings.

6.10. Procedure to be followed for Rejection of an Application: In the event,
it is found that satisfactory evidence regarding any of the preconditions of initiation
mentioned above does not exist then, the application filed by or on behalf of the DI
may be rejected. An order of rejection should be issued with the approval of the DG
in accordance with the principles of natural justice and it must be a well-reasoned
speaking order passed after granting an opportunity of hearing of the DI.

6.11. In case of Review applications: In case it is decided by the Authority
that the case is not fit for initiation of the investigation, then a speaking order
containing the reasons for the closure of the investigation should be issued to the

4 Refer to Para VI of Chapter- 24 for WTO Jurisprudence. See Panel Report, Guatemala – Definitive Anti-Dumping
Measures on Grey Portland Cement from Mexico, WTO Doc. WT/DS156/R, (Oct. 24, 2000).

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