Page 76 - MANUAL OF SOP

Domestic Industry Standing

4.9.12. It is essential that the “standing”, in terms of Rule 5(3) of the Rules, has to
be decided prior to the initiation itself. Utmost care needs to be taken in marginal
or doubtful cases and it must be brought to the notice of DG specifically raising the
issue on the case file. However, it is not necessary to ensure that the information
about the DI structure, its constituents, or the level of production is available with
arithmetical precision. But the information should be sufficient to reflect that
adequate care has been taken to make a justifiable estimate about the production
in the country.

4.9.13. The non-participating industry must be contacted to ascertain their support
or opposition to the application,particularly when the total production of the
applicant is less than 50%. The information may also be sought from other sources,
like industry associations, concerned administrative Ministries, etc.

4.9.14. The composition of the DI must be defined at the time of the initiation itself.
Subsequent addition/deletion to the composition(constituents) of the DI should be
specifically processed with the approval of DG based on the merit of the case.

4.9.15. In the case of the applicant being an association, it is compulsory for the
applicant to furnish details of the member producers whose data and information
would be furnished, for consideration during the process of investigation.

4.9.16. If one of the constituent DI applicant does not subsequently furnish required
information during the course of the investigation, then that company could be
considered for such disciplinary action as deemed fit.

4.9.17. If it is considered necessary in the larger interest of investigation, to seek
information from a domestic producer who was originally not an applicant or
an express supporter, then that company could also be asked to furnish detailed
information. This is most relevant in cases where any of the major domestic
producer have chosen not to furnish the detailed information and had not opposed
the application.

4.9.18. Complete reasons must be sought, where any major domestic Producer
of PUC refuses to share his detailed information during any investigation with
the Authority. Since the benefit of trade remedy measures shall accrue to all the
domestic producers.

53