Page 96 - MANUAL OF SOP

Period of Investigation & Injury Investigation Period

b) Another option could be to consider POI as part retrospective and part
prospective,at the time of initiation. The actual period can be decided on case to
case basis.

5.17 It may be desirable that the exporter has some track records of actual
exports to India on the date of filing of NSR application in order to establish its
credible intent to export to India. This is in line with the fact that similarly placed
producers/exporters are not considered for individual rate if these units have not
exported during POI of an anti-dumping investigation.

Injury investigation period (“IIP”) for injury analysis

5.18 The injury investigation period is generally for three immediate preceding
years plus the POI selected for dumping margin analysis. Any period longer than
this can be considered provided the applicant has good reasons to propose the
longer injury period.

5.19 The period of data collection for injury investigation should be at least three
years. However, if an applicant has been in existence for less than three years, then
the data available for the entire period should be taken into consideration .
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5.20 Even in cases of material retardation to the industry, the data for a period
lesser than three years can be considered if the industry has been inexistence for a
shorter period. In such a case the data for three years is obviously not available and
hence cannot be furnished by the industry. Therefore, monthly/quarterly/half yearly
analysis may be desirable.

Illustrations

5.21 If the proposed POI is July 2016-June 2017, and IIP is April 2013- March
2014; April 2014 - March,2015 and April, 2015-March, 2016, then the applicant
should be advised to revise the POI as April 2016 to June 2017.

5.22 POI as December 2016 to March 2018 and IIP April 2013-March 2014;
April 2014- March 2015 and April 15-March 2016; then the applicant should be
advised to revise the IIP as April 2014-March 15; April 2015-March 2016-April
2016-March 2017. POI can also be considered for revision, if desired to April 2017-
March 2018.

9 Refer to Para V of Chapter 24 for WTO Jurisprudence.

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