Page 81 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

4.9.27. Rule 11(3) of the Rules recognizes the exceptional circumstances where the
Designated Authority may give a finding as to the existence of injury even where a
substantial portion of the domestic industry is not injured, if:

(i) there is a concentration of dumped imports into an isolated market,
and

(ii) the dumped articles are causing injury to the producers of all or almost all
of the production within such market.
4.9.28. Article 4.2 of ADA further provides that if an affirmative determination
is based on injury to a regional industry, the Agreement requires investigating
authorities to limit the duties to products consigned for final consumption in the
region in question, if constitutionally possible. If the Constitutional law of a Member
Country precludes the collection of duties on imports to the region, the investigating
authorities may levy duties on all imports of the product, without limitation, if anti-
dumping duties cannot be limited to the imports from specific producers supplying
the region. However, before imposing those duties, the investigating authorities
must offer exporters an opportunity to cease dumping in the region or enter a price
undertaking.

COMPOSITION OF APPLICANT(S) IN DIFFERENT INVESTIGATIONS

Original Investigation
4.10 The Applicant(s) is (are) the domestic producer(s), directly or through their
representative bodies. The DI standing is examined as detailed above.

New Shipper Review Investigation

4.11 The Applicant(s) is (are) exporter(s) in the exporting country against whom
ADD has been imposed but who had not exported to India during the POI of the
original investigation. They are covered in the residual category of the ADD but
want separate individual duty margin for themselves.

Midterm Review Investigation
4.12 The applicant(s) could be the original DI, any other Indian producer, Indian
importer, Indian user or an exporter, from the subject country(ies) against whom
ADD has been imposed, directly or through their representative body.

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