Page 72 - MANUAL OF SOP

Domestic Industry Standing

SIGNIFICANCE
4.5 As per the provisions, an application for the imposition of anti-dumping
duty may be initiated either upon an application filed by or on behalf of the DI of
the relevant product or suo-motu by the Directorate.

4.6 Generally, investigations are initiated on receipt of the complete written
application by or on behalf of the DI in the prescribed format. Therefore, it is
important to confirm that the petitioner complies with all the requirements/
conditions of the Rules for being considered an eligible DI.

4.7 The standing test of the DI is important for a valid investigation. The standing
has to be established prior to the initiation of the investigation. An incorrect standing
may render the initiation invalid, leading to termination of the investigation. The
team should take a ruling from the DG on the issue especially where standing is at
borderline (as it is in the exercise of powers of the DG on the case to case basis).

4.8 There may be a situation, where one of the constituents of the applicant
DI or any of the supporter to an application withdraws from the application of the
investigation subsequent to initiation of an investigation which may or may not
be affecting the standing of the DI,in such cases, decision may be taken with the
approval of DG based on the merit of the case .
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OPERATING PRACTICES
4.9 The important issues to determine are: (i) total production of PUC in India;
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(ii) identification of all the producers ; (iii) the share of production represented
by the applicant/s;(iv) supporters of the application; and (v) share of producers in
opposition to the application . A brief discussion on each of these issues is as below:
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Total Production
4.9.1. The total quantity of production of the PUC including the like article, in
India, should be ascertained. This becomes the universe for the said PUC which will
be important while applying standing tests .
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3 Final Finding in Anti-Dumping investigations on the import of caustic soda exported from or originating in Japan
and Qatar, F. No. 14/31/2015-DGAD dated January 10, 2018.
4 Final Findings in Sunset Review of Anti-Dumping investigations on the import of Synchronous Digital Hierarchy
Transmission Equipment originating in or exported from China PR and Japan, F No. 15/20/2014-DGAD dated
February 5, 2016
5 Refer to Para IV of Chapter 24 for Dispute Settlement
6 Refer to Para IV of Chapter 24 for Dispute Settlement

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