Page 391 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

16.22. The power of granting extension of time beyond twelve months is a
discretionary power of Department of Revenue, Government of India. Thus, only
in special circumstances, can a request be made to Central Government for the
extension of the date of issuance of the Final Finding. Some of the situations where
extension can become inevitable are: change in the Director General (Designated
Authority), where there has been a judicial order demanding repeat of the oral
hearing or where the Hon’be Court/Tribunal has intervened .
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16.23. The Final Finding notification must contain all the earlier facts plus all the
comments received after issuance of Disclosure Statement and the examination
of the same by the Authority to form the final recommendations. It must be
ensured that all the issues raised by various interested parties are duly recorded and
addressed appropriately in the Final Finding Notification.

16.24. The Final Finding notification is not a replica of the Disclosure Statement. It
contains the contents of the Disclosure Statement and post disclosure comments.
The comments which contain issues that have already been addressed may not be
re-examined.

16.25. The Final Finding notification should contain the conclusion on dumping
and injury, Indian Industry’s interest and categorical recommendations supported
with reasons. The recommendations could be in the form of termination of the
investigation or imposition of duty on the basis of Lesser Duty Rule. It may be added
here that the application of lesser duty rules means the comparison of injury margin
with the corresponding dumping margin and the lesser of the two is taken as the
basis for recommendation of quantum of duty.

16.26. The duty should be recommended for each co-operative producer . Their
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responses should be verified to confirm that the respective producer exporter have
submitted valid responses as explained earlier in Chapter 12, 13 and 14. It may
be added that while 100% information with regard to exports through related
exporters/traders is necessary, in case of the unrelated exporters, if the response

4 Automotive Tyre Manufacturers’ Association v Designated Authority,(2011) 2 SCC 258 (Supreme Court of India).
5 Please refer to Para XVI of Chapter 24 for WTO Jurisprudence.
6 In the past there was a practice of duty recommendations for a combination of producer and exporter/trader
thereby indicating a specific channel of sales. This had inbuilt conflict as a co-operative producer gets bound or
forced to operate through the notified exporter/trader and in case of any variation in the channel he is pushed in
the residual category even though he had co-operated fully, verified and found fit for an individual duty margin.
Conversely, an erring producer could choose not to furnish details of some export transactions which are at higher
dumping margins, and still ask for lower individual margin to the extent of disclosed information in the response.

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