Page 77 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

4.9.19. If there is any change in the ownership structure or any constituent of DI
subsequent to initiation of investigation for example acquisition or merger with
any other company, complete details thereof including the basis of valuation and
financial implications must be examined.

Ineligible Producer(s)
4.9.20. Rule 2 (b) of the Anti-Dumping Rules provide that following producers
are ineligible and hence cannot consider as DI. But they can be asked to furnish
10
information if the DG considers it fit in the overall interest of the investigation:

(i) The Producer(s) in India are related to exporters in the subject countries
will render them ineligible. However, any exceptional circumstances claimed
by the applicant have to be examined separately, albeit carefully, with
the approval of DG. The term ‘related party’ has been explained in the
Explanation to the proviso 2(b). Further, the Trade Notice No. 09/2018 dated
10 May 2018 has been issued in the subject matter, though it pertains to
th
exporters, but it surely explains the conditions where the parties are held
related to each other.

(ii) The domestic producers importing subject goods into India directly or
through related parties or being related to the exporters of subject goods
in the exporting country, are rendered ineligible. However, it is the duty of
the applicant to declare names of all the producers of subject goods in India
along with the relevant details to enable the Authority to take a final call
regarding inclusion or exclusion of a certain producer.

(iii) In the application, the applicant is required to furnish details of all the
producers of the subject goods in India. The Authority shall decide based
on the information furnished, regarding the ineligibility of any one or more
producer/s. It should not be the discretion of DI to decide on the eligibility
or ineligibility of any of the producer/s in India.

(iv) The applicant company(ies)are required to furnish details of all the imports
of subject goods made by them,under any/all instrument,from the all the
countries (subject countries and non-subject countries). The team should
examine and understand the reasons of DI for seeking imposition of duty
only against some and not others, in the application. The team should be

10 Article 4.1 of the ADA recognizes that it may not be appropriate to include such producers of the like product in
the DI, which are ‘related’ to the exporters or importers or are themselves importers of the alleged dumped product.

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