Page 431 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

• comparison of landed value with NIP during POI and Post POI (6
months subsequent to POI);
• other causes of injury;
• changes in technology, product types, consumer preferences,
demand and supply.

(iii) Dumping margin determined in all previous investigations including the
trends in the dumping margin over the period;

(iv) Dumping determination for exports to third country;
(v) Volume of dumped imports;
(vi) Price attractiveness of the Indian market;
(vii) Level of inventories with exporters;

(viii) Capacity expansion by domestic industry;
(ix) Decline in demand for subject goods in subject country;
(x) Demand supply gap in subject countries;
(xi) Price undercutting in the absence of measures;

(xii) Vulnerability of the domestic industry;
(xiii) Market share held by the subject country in the Indian market;
(xiv) The potential for product-shifting with the producers from subject country;
(xv) Effectiveness of the duties in terms of the improvement in the performance
of the domestic industry;

Sunset Review On Suo Motu Basis

17.31. The Rule provides that the Authority can initiate a sun set review investigation
on suo motu basis also.

17.32. The Authority has undertaken suo motu initiations in past either on the
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directions of the Hon’ble Court or as per the past practice that the Authority is
required to undertake review investigation automatically . However, subsequently
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it became clear that review investigation is not a mandatory requirement or duty of
the Authority, rather it has to be done on merits in terms of Rule 23. Thereafter, the

17 Directorate General of Ant-Dumping and Allied duties, Trade Notice No. 1 of 2008, F. No. 4/31/2007-DGAD
(March 10, 2008).
18 Kalyani Steels Limited v Secretary, Revenue, Ministry of Finance, 2008 (224) ELT 47 (High Court of Delhi).

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