Page 392 - Manual Of Operating Practices For Trade Remedy Investigations

Disclosure Statement & Final Finding

constitutes less than 70% of the total volume of exports to India by the respective
Producer, then the responding producer may be considered non-co-operative and
entire response is liable to be rejected.

16.27. A residual duty margin must be indicated for non-co-operative and/or non-
responding producers/exporters for each of the subject country under investigation.

16.28. Wherever, it is found that a co-operative producer exporter is not indulging
in dumping or injury, “zero” duty should be mentioned against it in the duty table.
Further, when it is determined that imports from any of the subject country are not
causing dumping or injury to the domestic industry at all or are below de minimus,
then the said country should not be included in the duty table and it should be
clearly stated that investigation is being terminated against the said country.

16.29. It may be added here that any exporter whose margin of dumping is less
than 2% of the export price shall be excluded from the purview of ADD even if
dumping, injury as well as the causal link are established. Further, investigations
against any country are required to be terminated if the volume of the dumped
imports from a particular country is found to be below 3% of the total imports.
However, countries whose volume of imports individually is less than 3% of
total imports but cumulatively account for more than 7%, imports from all those
countries may be cumulated while determining injury.

16.30. Since no Customs Notification is generally issued in case of termination of
investigations, the final findings must include a paragraph in case of termination of
investigations, specifying that the appeal against these findings lies in CESTAT, the
Hon’ble Delhi High Court has given a ruling in this regard in Jindal Polyfilm Ltd. v.
Designated Authority in W.P. (Civil) No. 8202/2017.

16.31. The recommendation of duty in the Final Finding notification should be
indicated in the duty table indicating details regarding Tariff/ HS Code, description
of PUC, specification, country of origin and/or export, producer, amount of duty
and unit of measurement. The format of duty table is as below:

Duty Table
Sl. Tariff Description Specifi- Country of Pro- Duty UOM
No code of Goods cation Origin and/or ducer Amount
export
(1) (2) (3) (4) (5) (6) (7) (8)

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