Page 276 - Manual Of SOP

Determination of Non Injurious Price

Oral Hearing on behalf of the company etc. The Format casts a responsibility on
the Legal Representative to do due diligence before filing the application in DGTR.
Therefore, the Legal Representative inter alia certifies that in his capacity as an
adviser, counsel, preparer or reviewer of the Petition, the information contained
herein is true, complete and correct to the best of his knowledge and belief and
that the petition is based on the records of the Company and that they have neither
knowingly/wilfully concealed or misrepresented any material information nor made
any material false statements. It further certifies that the Legal Consultant is not
a party to any concealment, mis-declaration or misrepresentation by his clients.
Therefore, it is very necessary to ensure that the certificate given is as per the format
only.
9.6.15. Format-H (Performance Parameters of DI): It indicates the performance
parameters of DI for PUC only. The information furnished in this Format forms
the basis for injury analysis. Since these will be given by each constituent of DI
separately, a consolidated statement also needs to be submitted indicating the
status of DI as a whole.

(a) The relevant data required in Format-H are installed capacity, production
quantity and capacity utilization percentage for the injury period including
POI, which is taken into consideration for optimization of capacity utilization/
production while computing NIP. The information furnished in Format-
H like installed capacity is required to be substantiated by documentary
evidence such as declaration given to pollution control board, project report
or any other declaration given to government bodies etc. indicating installed
capacity. The production/supply quantity may be verified from applicable
GST declaration. It is the duty of the investigation team to ensure that all the
information is as per the audited/certified records of the company. Reasons
for variations in year-wise productivity or number of employees must be
looked into. Similarly, any change in number of employees without any
corresponding change in the installed capacity or actual production must
be looked into and clarified.

(b) It has been seen on a number of occasions that the installed capacity is
restricted due to lower production fixed/allowed by the Pollution Control
Board authorities . Therefore, approval from Pollution Control Board must
8
8 Final Finding in Anti-Dumping Investigations concerning imports of Sodium Dichromate originating in or exported
from Russia, South Africa, Kazakhstan and Turkey, F No. 6/4/2017-DGAD dated June 7, 2018.

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