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Manual of OP for Trade Remedy Investigations
Change of Exporter/Producer
18.4.7. If the article which is subject to ADD is imported through producers/
exporters who are not notified for the levy of ADD (sub-rule 3).
18.4.8. In all the above cases, circumvention is established only if the producers/
exporters notified for the levy of ADD change their trade practice, pattern of
trade, or channels of sales of the PUC in order to have the PUC exported through
producers/exporters or country not subject to ADD.
OPERATING PRACTICES
Initiation
18.5. An anti-circumvention investigation can be initiated subsequent to receipt of
an application from the domestic industry containing sufficient evidence regarding
the existence of the circumstances of circumvention. An anti-circumvention
investigation can also be initiated suo moto by the Authority if it has received
information from the Customs Commissioner or any other reliable source and
is satisfied from such information that sufficient circumstances of circumvention
exist.
18.6. In circumstances of circumvention defined under sub-rule (2), the product
alleged to be circumventing the existing ADD is usually different from the product
that was the subject of the original investigation. Therefore, to avoid confusion
and for clarity of all concerned, it is the practice of the Directorate to term the
goods currently under investigation as the “Product under Investigation (PUI)” and
distinguish it from the product that was under consideration (PUC) in the original
investigation. Therefore, it is important to clearly define the PUI (besides identifying
the PUC and the like article)in the Initiation Notification and follow all guidelines for
identification as mentioned in Chapter 3 of this Manual.
18.7. It has been recognized under sub-rule (3), that the producer/exporter
notified for the purpose of ADD may attempt to circumvent the ADD by exporting
through a different country and/or changing the country of origin (subject country)
from the one notified for the purposes of ADD. In such instances, the changed
country of origin or export must be clearly identified in the Initiation Notification as
the country under investigation (CUI) for clarity and to avoid confusion.
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