Page 452 - Manual Of Operating Practices For Trade Remedy Investigations

Anti-Circumvention Investigations

18.8. It has also been recognized in sub-rule (3), that the producer/exporter
notified for the purpose of ADD may attempt to circumvent the ADD by exporting
through a producer/exporter who has not been notified as liable to pay duty. In
such instance, such producer/exporter or both such producers/exporters will be
investigated by the Authority.

18.9. The procedure and conditions pertaining to standing of the domestic
industry are the same as in other anti-dumping investigations and details are as
given in Chapter 4 of this Manual.

18.10. The Period of Investigation in this investigation will have to be subsequent
to the original period of investigation and should be notified clearly.

18.11. The other necessary requirements of Initiation Notification, Communication
and Post Initiation procedure are the same as in any other ADD investigation and
can be seen in Chapter 6 of this Manual.

Investigation
18.12. In an anti-circumvention investigation, the following steps must be followed:

18.12.1. The investigation procedure in case of anti-circumvention investigations is
largely the same as in other investigations. Rule 26 makes the provisions of Rule 6
mutatis mutandis applicable to anti-circumvention investigations.

18.12.2. At the outset, it must be determined by the Authority that there is
dumping of the PUI or the PUC, as the case may be, depending on the circumstance
of circumvention alleged by the domestic industry. In case there is dumping, the
provisions of Rule 10 read with Annexure I to the Rules must be followed.

18.12.3. Under circumstances as defined under Rule 25, circumvention of anti-
dumping duty must established .
2
18.12.4. The Explanation to sub-rule (3) states that change in trade practice, pattern
of trade, or channels of sales shall be established if the following conditions have
been met:

2 Final Finding in Anti-Circumvention investigations concerning imports of ColdRolled Flat Products of Stainless Steel
originating in or Exported from China PR, Korea, European Union, South Africa, Taiwan, Thailand and USA, F. No.
14/1/2014-DGAD dated Aug. 18, 2017. In this investigation, the ADD found that cold-rolled steel of certain widths
(PUC) was being circumvented by the import of cold-rolled steel above the widths of the PUC (PUI)

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