Page 95 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

POI for nine months or six months has also been accepted supported by proper
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justification.
5.12 If the POI is different from financial year/ accounting year of the
company, the certified copy of the balance sheet/profit & loss account has to
be provided by the DI/other stakeholders. However, no initiation can be delayed
merely because the POI is different from the financial year of the company.

5.13 The investigation team can suo motu revise the POI by one or two quarters,
with the approval of DG, at the time of initiation of investigation with a view
to obtain more updated and representative data. The revision of POI should be
communicated to the Applicant immediately in order to enable him to update the
data accordingly so that revised data can be placed in the inspection folder.

5.14 No request for a change in POI can be considered after initiation.

5.15 As the Post POI data needs to be considered for examination in case of
threat of injury and likelihood scenario, the same should be preferably mentioned
in the initiation notification itself that Post POI data shall be considered. In such
a case, the post POI data could either be given by the applicant or sought by the
investigation team from DGCI&S or responding exporters.

POI for new shipper review cases (“NSR”)
5.16 POI determination is different in NSR cases. The prospective POI was
considered in some of the recent cases. However, it allows the NSR applicant a
flexibility in fixing the export price which is not desirable. Therefore, the following
options could be considered:

a) Where anti-dumping duties were originally based on “sampling” method
during the original investigation for the relevant subject country i.e., sampled
units were each given a separate rate and other co-operative units were given the
weighted average rate of the sampled units. It may be considered to extend the
said weighted average rates to the NSR applicant to expedite the findings after
following the due process of investigation.

7 Final Finding in Anti-Dumping investigation on import of SDH transmission equipment originating in or exported
st
from China PR and Israel. F.No. 14/2/2009-DGAD dated October 19, 2010 wherein POI was 1 April- 31 Dec 2008;
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8 Final Finding in Anti-Dumping investigation on import of Wire Rod of Alloy or Non-Alloy Steel originating in or
exported from China PR, F. No. 14/17/2016-DGAD dated August 30, 2016 wherein POI was 1 July 2015 to 31
st
st
December 2015.
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