Page 93 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

5.2 In order to incorporate the aforementioned guidelines of Working
Committee on Anti-dumping practice, the Directorate had issued a Trade Notice
No. 2 of 2004 dated 12 May 2004 (attached to this chapter), which forms the
th
basic guidelines in this regard. The relevant extracts of para 2(iii) of the said trade
notice are detailed as under:

“Application should invariably contain information and data relating to the
proposed period of investigation (“POI”) and previous three financial years.
There should be no gap but there can be overlap between the POI and the
previous financial years. The data for previous three years would be utilized
for trend analysis for determination of injury.”

SIGNIFICANCE
5.3 It is important to identify an appropriate period of investigation and injury
investigation period since this has a cascading effect on the determination of DI as
well as the standing of the application. The determination of prima facie dumping
and injury for the purpose of initiation and subsequent investigation is entirely
based on POI and the injury period.

5.4 AD Rules in India refer to the POI but do not expressly specify the time
period of any such POI. However, there are indirect references to suggest that the
POI should not be less than 6 months . General practice is to specify a 12 months
1
period as POI. However, in exceptional cases, the Directorate has also accepted the
POI as 6 months/9 months/15 months/18 months depending on the facts of each
case with specific approval of the DA .
2
OPERATING PRACTICE
5.5 The team is required to determine:

(i) Period of Investigation (“POI”): for the purposes of the determination of
dumping margin, the impact of dumping and injury margin; and
(ii) Injury Investigation Period (“IIP”): for injury analysis.

5.6 The general rule is to consider the total period which includes POI and three
preceding financial years for analysis and impact study . There can be exceptions to
3
this rule in special circumstances as explained in the subsequent paragraphs.
1 Import of Acrylonitrile Butadiene Rubber into India 2000 (119) ELT 157 (Tri.).
2 Refer to Para V of Chapter 24 for WTO Jurisprudence.
3 Trade Notice 2/2004 dated 12.5.2004

70