Page 275 - Manual Of SOP

Manual of OP for Trade Remedy Investigations

(a) Variation in sales prices due to volume or difference in packing i.e., net
sales realizations may vary if a portion of sales is sold in bulk and another
portion is sold in small containers. If so, the net sales realizations need to be
also seen separately for each type of packing. If there are wide variations in
the year to year sales realizations within the same type of packing, detailed
reasons must be looked into.

(b) If PCNs have been constructed after the initiation and PCN wise details were
not furnished at the petition stage, DI must be asked to furnish this format
again with PCN wise details. After examination of producer/exporter’s
response, it may emerge that some of the PCNs imported into the country,
have not been actually produced by the DI during the POI. In such cases,
7
NIP estimated/derived based on the nearest PCN produced by the DI and
cost is then adjusted appropriately, on merits.
9.6.13. Format-F (Certificate by Chief Executive/Duly Authorized
Representative of DI): Format-F is the certificate by the Chief Executive of
the Company/Directors/Partners or the Proprietor of the Firm certifying that the
information contained in the petition is true, complete and correct to the best
of his knowledge and belief. It further certifies that the information is based on
the records of the Company and that they have neither knowingly and/or willfully
concealed or misrepresented any material information nor made any material false
statements. Therefore, it is very necessary to ensure that the certificate given is as
per the format only. An explanation to the Format states that if this certificate is
signed by an Authorised Representative other than the Officers referred to above, a
copy of the authorization from the Competent Officer or the Chief Executive of the
Company/Directors/Partners or the Proprietor of the Firm or the Board of Directors
is also attached. Sometimes the language is changed from the prescribed language.
Therefore, the investigation team must ensure that all certificates are as per the
prescribed formats only. A copy of Board Resolution for authorization of an officer
may also be obtained, if necessary.

9.6.14. Format-G (Declaration by Legal Representative): It is a declaration by
the legal representative of the company, if any, to handle the anti-dumping case
on behalf of the DI. He helps the DI in the preparation of the Petition submits
clarifications on behalf of DI on the issues raised by the Authority, if any attends

7 Final Finding in Sunset Review of Anti-Dumping investigations concerning imports of Synchronous Digital Hierarchy
(SDH) Transmission Equipment originating in or exported from China, F. No. 15/20/2014-DGAD, dated February 5,
2016

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