Page 78 - MANUAL OF SOP

Domestic Industry Standing

careful that the DI is not indulging in selective pick and choose of subject
countries without assigning valid reasons.
(v) Any exceptional circumstances claimed by the applicant (for example,
nominal imports in special circumstances beyond the control of applicant,
or nominal imports taking place under duty free scheme, or imports
undertaken by a new industry when they are approaching DGTR for a case
of material retardation) for seeking relaxation of ineligibility, will have to
be examined on case to case basis with the approval of DG. DG has the
discretion to decide on the eligibility of a producer to be accepted as DI, who
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has also imported the subject goods into India or has a related exporter
in the subject country. A specific reference of this ruling by DG should be
mentioned in the Initiation Notification.

(vi) Even in cases where the DI has imported subject goods under duty-free
schemes for the fulfilment of an export obligation, all such imports by
DI should be examined in totality and a decision to accept or reject the
eligibility should be on the facts and merits of each case.

(vii) The status of each of the known producers should be evaluated in terms
of Rule 2(b) of the Rules. Once it is established that the producer/s is/are
ineligible, then they are excluded from the definition of “DI”. Accordingly,
their production is not included for estimating India’s total production, and
production of eligible producers/supporters vis a vis parties in opposition.
For example, if there are five Indian producers and some of them have been
found eligible and others ineligible then the case will look like as follows:

S.No. Particulars Status Production (MT)
1 P1 Eligible 1000
2 P2 Ineligible 2000
3 P3 Eligible 2000
4 P4 Ineligible 3000
5 P5 Eligible 2000

6 TOTAL 10000
7 ELIGIBLE TOTAL 5000

11 Final Finding in Anti-Dumping investigation on import of Viscose Staple Fibre originating in or exported from China
PR and Indonesia, F.No14/6/2009-DGAD dated May 17, 2010.

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