Page 399 - Manual Of SOP
P. 399
Manual of OP for Trade Remedy Investigations
SIGNIFICANCE
16.63. In circumstances where a remedy is urgently needed for protection of the
Domestic Industry from injury on account of intensified dumped imports, an interim
relief could be considered by recommending provisional duties.
OPERATING PRACTICES
16.64. For invoking the power of the Designated Authority for preliminary
findings, the DI has to specifically request for provisional duty/interim relief pending
final recommendations which should be substantiated with sufficient grounds for
seeking the interim relief.
16.65. The request can be considered after examining the import data and
establishing that the imports have intensified since the initiation of the investigation
which are at dumped prices and are causing injury to Domestic Industry.
16.66. The preliminary finding notification cannot be issued before the expiry of 60
days from the date of initiation of the investigation.
16.67. Even though, there is no outer limit for issue of preliminary finding but
wherever warranted, preliminary finding on the basis of facts and circumstances
of the case, should preferably be issued within 100 days from the date of initiation
of investigation. The time lines were circulated vide Circular No.2 dated 27.2.2018
and further revised vide O.M. No.4/7/2018 dated 12.4.2018, annexed herewith.
16.68. The methodology for investigation leading to preliminary finding notification
is same as that of the Final Findings. All the elements of analysis of dumping,
injury and causal link have to be specifically dealt with in the preliminary finding
notification along with stating the reason for issuance of preliminary findings. The
responses received have also to be examined for calculation of dumping margin.
In case of large number of responses if the team decides to resort to sampling
technique for the case, then the same has to be notified prior to issuance of the
preliminary findings thereby notifying all the stakeholders about selection and the
process of sampling.
16.69. The preliminary finding is different from final findings to the extent that:
(i) There is no requirement of issuance of disclosure statement.
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