Page 403 - Manual Of SOP

Manual of OP for Trade Remedy Investigations

16.79. The following aspects are to be considered relevant for accepting/rejecting
12
price undertaking as was directed by the Hon’ble Tribunal:

(i) Whether injury caused by dumping can be eliminated;
(ii) Whether there exists effective measure to ensure its fulfilment;

(iii) Whether such acceptance is in public interest;
(iv) Whether there exists any possibility of circumvention of the undertaking in
anyway;

(v) Any other relevant factor which DG may consider necessary; and
(vi) If there is price variation amongst the like products or the PUC and a single
price is provided as a part of the price undertaking .
13
16.80. The exporter should provide all reasonable information, which are considered
relevant and necessary. If the exporter has failed to provide requisite information
14
despite showing interest, the price undertaking may be rejected .
16.81. The Authority may accept price undertaking by one of the exporter of the
subject country and may reject another exporter of the same subject country if
found impractical or is unacceptable for any other reason .
15
16.82. The reason for non-acceptance of price undertaking shall be notified to the
concerned exporter and time must be given to offer comments. The reason for non-
acceptance must explicitly be given in the Final Findings.

16.83. If a negative determination of dumping or injury is made, the undertaking
shall automatically lapse.

16.84. The DG shall intimate the acceptance of an undertaking and suspension
or termination of investigation to the Central Government and also issue a public

12 PT Polysindo EkaParkasa v Designated Authority, 2005(185)ELT 358 (CESTAT, New Delhi).
13 Association of BOPP Films v Designated Authority, 2004 (167) ELT 185 (CEGAT, New Delhi).
14 Final Finding in Anti-dumping investigation on imports of Graphite Electrodes from USA, Austria, France,
Germany, Italy, Spain, China PR and Belgium, F.N. ADD/IW/43 dated March 27, 1998;Final Findingin Anti-dumping
investigation on imports ofimports of Partially Oriented Yarn (POY) from Indonesia, Taiwan, Thailand and Malaysia,
F. No. 19/1/2000-DGADdated January 4, 2002.
15 Final Finding in Anti-dumping investigations concerning import of Nylon Tyre Cord Fabric (NTCF) originating in or
exported from China PR, F. No.14/20/2003-DGAD dated March 9, 2005, where the exporter did not offer separate
prices for grey and dipped NTCF and has not agreed to link the prices to changes in the major raw materials. The DA
noted that given the nature of the product, it would not be appropriate to accept a price undertaking in the form
and manner given.

380