Page 511 - MANUAL OF SOP WITH COVER- 04.12.2018

Manual of OP for Trade Remedy Investigations

PUC
21.25 The principles followed for determination of PUC in AD cases may also be
applied for finalization of PUC in safeguard investigations. In fact, the scope of PUC
is wider that PUC in AD laws as the SG law covers “directly competitive articles” as
well. The issue was also discussed in detail in an investigation dealing with import
2
of Solar Cells .
Domestic Industry
21.26 Domestic Industry has been defined in clause (b) of sub-section (6) of Section
8B of the Act as follows:
(b) “Domestic industry” means the producers –

as a whole of the like article or a directly competitive article in India; or
whose collective output of the like article or a directly competitive article in
India constitutes a major share of the total production of the said article in
India.
21.27 As a general practice,the SEZ units are not considered to be eligible as DI.
A detailed explanation has been given in the final finding in the safeguards case of
Solar Cells and Modules as per the details mentioned in foot note 2 on pre-page.

Confidentiality
21.28 Application and responses are to be submitted in confidential and non-
confidential versions, as detailed under Rule 7 of the said Rules read with Trade
Notice dated 21.12.2009 issued by Director General (Safeguards) under File No.
th
D-22011/75/2009. Further, the Trade Notice No.10/2018 dated 7 September
2018 may be referred to for detailed guidelines on this issue.

Initiation

21.29 After examination of the application and other evidences, available on
records, if it is found that sufficient evidence exists for initiation of investigation,
the investigation is initiated by the Authority to further examine the existence of
injury to the domestic industry caused by the imports of an article.

2 In case of Final Finding in safeguard investigation concerning imports of Solar Cell whether or not assembled
in module or panels into India,F. No. 22/1/2018 – DGTR dated July 16, 2018, some of the interested parties had
submitted that DI did not possess Thin-film technology and “PERC” (Passivated Emitter Rear Cell) based technology,
& Bi-facial N-type solar cells; High efficiency solar cells using 5 and 6 bus bar production terminology; and Solar
modules of mono may vary in terms of efficiency, price, physical characteristics, like size and weight etc. These
variations though lead to trade off in price and efficiency,the final usage of the PUC is only to produce power.
Therefore, PUC included all like competitive articles and no such exclusionwas allowed in PUC.

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