Page 75 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

(vi) A list of the members, who either supported, opposed or remained neutral
with regard to the application; and
(vii) Any other information which may be relevant in this regard.

4.9.11. In case of multiple producers, they should be clearly identified in various
categories as: (1) Applicant Producers; (2) Supporter Producers; (3) Producers
opposing the application;and (4) Neutral or known silent producers, who are
neither supporting nor opposing. This categorization will help in applying the 25%
and 50% eligibility test. It must be borne in mind that the said twin tests are to be
carried out in respect of the PUC only as defined in the previous chapter, and the
determination must be based on volume data only.

(i) For the purpose of passing 25% test under proviso to rule 5(3)(a), it is
absolutely necessary that the Applicant Producers and (express) supporters
constitute at least 25% of the total production of eligible DI in the country.
Further, 25% is to be seen with respect to eligible DI and not total domestic
production.
(ii) The supporters expressing support to the application are mandatorily
required to furnish information in the prescribed format notified vide Trade
Notice No 13/2018 dated 27.9.2018.
(iii) In terms of the provisions of Rule 2(b) read with 5(3) alongwith the existing
established practices, the “major proportion” is generally understood to
mean the volume of production, which is more than 25% of the total
production by the eligible DI in the country.
(iv) In case of any opposition to initiation of investigation from any of the
domestic producers of the PUC and like article, the DI has to be tested
for 50% test. In such a situation, it needs to be seen that the collective
production of the Applicant producers along with the Supporters is more
than the total production of the like article produced by eligible domestic
producers opposing the application. Here the output of those producers
who do not express any opinion on the application will not be taken into
account.
(v) In case,the applicant producer/s (collectively) constitute more than 50% of
the total eligible domestic production, then it is deemed to have satisfied
both the 25% as well as the 50% tests.

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