Page 56 - MANUAL OF SOP

PRODUCT UNDER CONSIDERATION CHAPTER 3

& LIKE ARTICLES

PRODUCT UNDER CONSIDERATION

LEGAL PROVISION

3.1. In the ADA there is no specific definition of ‘Product’. However,
Article 2.1 of the ADA provides as follows:

“For the purpose of this Agreement, a product is to be considered
as being dumped, i.e., introduced into the commerce of another
country at less than its normal value, if the export price of the
product exported from one country to another is less than the
comparable price, in the ordinary course of trade, for the like
product when destined for consumption in the exporting country ”.
1
3.2. In addition, Article VI of the ADA refers to the word “Product”
whereas the Customs Tariff Act, 1975 and the Rules use the word
“Article” to indicate the “Product under Consideration” which is the
matter of investigation. There is no specific definition or description of
‘Product Under Consideration’ (PUC) under the Rules, however, this is
the single most important starting point of an investigation. The law only
defines the “like article”, as “a product which is a like, or in the absence
of like, most similar in characteristics and uses with, the article subject to
an investigation ...” (Discussed later in this chapter).

3.3. The anti-dumping investigation concerns the dumping of ‘a
product’, and the margins of dumping to which Article 2.4.2 of the ADA
refers to are the margins of dumping for a product. In addition, a product
that is compared to the ‘like product’ is the PUC in an anti-dumping
investigation .
2
1 Refer to Para III of Chapter 24 for WTO Jurisprudence
2 Refer to Para III of Chapter 24 for WTO Jurisprudence.

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