Page 307 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

articles. The cumulative assessment can be undertaken only when the following
conditions are fulfilled:

(i) The margin of dumping from each country is more than two percent
determined as percentage of export price; and
(ii) The volume of the imports from each country is not less than three percent
of the import of the like product; or
(iii) Where the export of individual countries is less than 3 percent but the
imports collectively account for more than 7 percent of the import of the
like article.
11.7.3. In order to ascertain whether the above-mentioned conditions are satisfied,
the injury tables with reference to import volumes and market share may be
examined. It may be ensured that the import from each of the countries is more than
de-minimis limits and the margin of dumping from each of the subject countries is
more than de-minimis limits .
1
11.7.4. In order to ascertain whether cumulative assessment of the effect of imports
is appropriate in light of the conditions of competition between the imported article
and the like domestic articles, the following list of parameters may be examined.
There may,however, be more parameters which might be relevant to determine
whether cumulative assessment of the effect of imports is appropriate in light of
the conditions of competition between the imported article and the like domestic
articles.

(i) Whether the product supplied by different parties are like articles;
(ii) Whether the products supplied by various parties are comparable in
properties;

(iii) Whether there are arguments on comparability of products supplied by
various parties, and if so, how the same has been addressed;

(iv) Whether there are parties who are resorting to using of both imported
material from various sources and domestic material;
(v) Whether the imported and domestic material is being used interchangeably;
(vi) Whether there is direct competition between the domestic product & the
imported product and the inter-se imported product;

1 See Hot Rolled Coils Case – India 2000 (116) ELT 356 (Tri.) which reiterates this position.

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