Page 300 - MANUAL OF SOP

Determination of Injury Margin

10.18.1. In case there is a co-operative exporter, the residual injury margin is
determined by comparing the landed value, which is the lowest of the co-operative
exporter of the relevant subject country, with the NIP of the DI. While working out
the injury margin in case of the residual category, it may be ensured that margin
for “others” is higher than the highest margin determined for any cooperating
producer so that the non-cooperation is not rewarded. The Authority also has an
option to take the LV from DGCI&S data. Case to case decision may be taken on
the merits with the approval of DG.

10.18.2. In case no exporter has been declared co-operative or there is no response,
the residual injury margin is to be determined by comparing the weighted average
landed value calculated from DGCIS data with the NIP of the DI.

Disclosure of landed value to the respective producer exporter

10.19. Rule 16 of the Customs Tariff (Identification, Assessment and Collection
of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules,
1995 regarding disclosure of information provides that the designated authority
shall, before giving its final findings, inform all interested parties of the essential facts
under consideration which form the basis for its decision. Since the LV workings are
one of the essential facts based on data furnished by the respective exporter, the
finally computed LV needs to be disclosed to the respective exporter. This provides
them with an opportunity to submit their comments/views on the disallowances or
the facts considered by the Authority in the determination of LV. However, the IM
is not disclosed to the exporter/importers as the same shall lead to disclosure of NIP,
which is confidential information of the DI. The detailed procedure for disclosure is
explained in Chapter 16 of this manual.

TREATMENT OF INJURY MARGIN IN VARIOUS TYPE OF INVESTIGATIONS

Original Investigation

10.20. As India follows the lesser duty rule, it determines Dumping margin and
Injury Margin for the purpose of recommending duty. For an original investigation
5
determination of injury margin is mandatory. The Authority carries out the injury
analysis as well as determines the injury margin based on the NIP of the DI and
Landed Value of the producer exporter.

5 Refer to para X of Chapter 24 for WTO Jurisprudence.

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