Page 54 - Annual Report 2019
P. 54

STREAMLINING


          OF INVESTIGATIONS:


          INNOVATIONS &



          ADOPTION OF BEST


          PRACTICES










          DGTR  takes  pride  in  acknowledging  the  fact  that   framework, which are likely to increase the quality
          2018-19  was  the  year  of  transformation,  when  it   and efficiency of the output and eliminate discretion at
          embraced  many  new  best  practices  with  an  aim  to   various stages of investigations.
          bring  transparency,  accountability,  simplification,
          and fairness in the investigations. All these changes   Review Investigations
          were based on the need of the organisation to evolve
          with time. The Directorate was firm in its commitment   4.  The  practice  of  pre-initiation  ‘Hearing’  was
          and obligations and at the same time was resilient and   initiated  for  all  the  review  cases  namely,
          flexible  in  its  procedures,  practices  and  systems   SSR/NSR/MTR  at  the  stage  of  application.  This
          always  with  a  goal  of  helping  the  industry  and   hearing is in addition to the existing ‘Oral Hearing’
          addressing  the  unfair  trade  practices.  This  positive   under Rule 6(6). The pre-initiation hearing allows the
          outlook has been amply demonstrated by our efforts   petitioner(s) to present their submissions before the
          and steps implemented during the year:              Authority in a more comprehensive way so that well
                                                              informed decision could be taken regarding initiation/
          Manual of Operating Practices: Enhancing            non-initiation of a review case. A Speaking Order is
          Fairness and Transparency                           also issued in those cases where it is decided not to
                                                              initiate an investigation for any valid reason. This is
          2.  A  sound  set  of  procedural  rules  and  uniform   likely to promote transparency and fairness, and also
          methodology  is  the  key  and  an  indispensable   bring  confidence  in  the  stakeholders  regarding  the
          component  of  any  investigation  process.  Therefore,   reasonableness in the DGTR actions. The aim was to
          DGTR  took  a  landmark  initiative  in  its  attempt   foster  consistency,  predictability  and  fairness  in
          towards procedural fairness by publication of Manuals   decision-making process.
          of Operating Practices which was also made available
          in public domain. It was with an eye to lay down the   Disclosure of Information by Stakeholders
          foundation for an effective, reliable and trustworthy
          investigation.                                      5.  Transparency  of  procedures  and  methodology  is
                                                              ensured  by  disclosure  of  required  necessary
          3.  The  Manuals  of  Operating  Practices  for  Trade   information enabling stakeholders a fair opportunity
          Remedies as well as Trade Defence were released by   to  actively  participate  in  the  investigation.  This
          Hon’ble Commerce Minister according     importance   necessitates that the stakeholders are given access to
          and  significance  which  it  rightly  deserves.  The   the  submissions  made  by  the  other  parties  with  an
          publications  were  a  result  of  a  long  and  deep   opportunity  to  offer  their  comments.  Procedural
          brainstorming  exercise  amongst  the  DGTR  Officers   fairness also includes the right to protect confidential
          and peer review deliberations. The best practices have   information, access to the public file containing the
          been  adopted  and  assimilated  in  the  procedural   necessary information being relied upon by the


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