Page 318 - Manual Of SOP

Injury Analysis

Cash Profits

Average Capital Employed
PBIT as % of Avg. Capital Employed
Average Industry Norm for PBIT as % of
Avg. Capital Employed, if any

* If the same plant can be used for the production of NPUC also, the total production including NPUC needs
to be indicated.
** Small Scale Industries (SSI) means a micro enterprise/small enterprise or a medium enterprise as defined
in The Micro, Small and Medium Enterprises Development Act, 2006

11.7.40. It is important to note that the Format H requires the DI to provide
average industry norms for relevant performance indicators, like capacity
utilization, productivity, inventory and PBIT, as a percentage of average capital
employed.

11.7.41. The impact of dumped imports is to be examined on domestic sales only,and
if there is a fall in export performance of the DI, it should not be attributed to
dumped imports. Performance of export sales or costs related to export production
may not be relevant for injury analysis. Pricing of captive consumption/transfers
may be very relevant in this analysis especially if captive transfers are not at arm’s
length price.

Threat of Material Injury

11.7.42. A threat of material injury in Anti-dumping investigations is a situation
where the DI has not suffered an injury over the period considered, but an injury
to the DI is clear and imminent if the present circumstances continue. Sub-para (vii)
of the Annexure-II (corresponding to Article 3.7 of the ADA) inter-alia provides that
the determination of threat of material injury should be based on facts, and not
merely on allegation, conjecture or remote possibilities.

11.7.43. According to the Para (vii) of Annexure II to the Rules, the following
non-exhaustive list of factors should be considered in totality when making a
determination of the threat of material injury:

(i) Whether there is a significant rate of increase of the dumped imports into
the domestic market, indicating the likelihood of substantially increased
importation;

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