Page 306 - Manual Of Operating Practices For Trade Remedy Investigations
P. 306

Injury Analysis

               11.5.  The injury analysis is the basis for the Authority to arrive at a conclusion
               for its recommendation regarding imposition, a continuation of anti-dumping duty
               or termination of an investigation/existing duties. The analysis establishes as to
               whether the DI is suffering injury.

               (i)   The injury under Anti-dumping investigations can be identified as:
               (ii)   Material Injury;
               (iii)   The threat of Material Injury; and
               (iv)   Material Retardation.

               11.6.  Sub-para (i) of the Annexure II to the Rules (corresponding to Article 3.1
               of the ADA) requires that the determination of injury must be based on positive
               evidence and involves an objective examination of:

               (i)   the volume effect of dumped imports;
               (ii)   the price effect of the dumped imports on prices in the domestic market for
                     like products;and

               (iii)   the consequent impact of the dumped imports on the economic health
                     of the domestic producers of the like product (evaluation of Economic
                     Parameters).

               OPERATING PRACTICES

               11.7.  Material Injury to the DI is to be analyzed in terms of the volume effect and
               the price effect caused by the dumped imports in domestic market for the PUC.
               For this determination, the analysis is carried out over the POI and the injury period
               (generally preceding 3 years) and assessment of the impact of dumped imports on
               the DI is analyzed for the PUC and the like product. Following paragraphs mention
               the various parameters to be analyzed and also the methodology for examination
               and verification of information for these parameters.
               Cumulative Analysis

               11.7.1. Para (iii) of Annexure II (corresponding to Article 3.3 of the ADA) provides
               for the cumulative assessment of the effect of imports of a product to India, when
               more than one country is being simultaneously subjected to an anti-dumping
               investigation.

               11.7.2. The cumulative assessment of the effect of imports is appropriate in light of
               the conditions of competition between the imported article and the like domestic



                                                 283
   301   302   303   304   305   306   307   308   309   310   311