Page 57 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

SIGNIFICANCE
3.4. The very first stage of an investigation is the identification of the PUC and
its scope. The standing of the DI for the application, determination of “injury” and
“causal link” are all contingent on the PUC. Once the PUC is precisely and properly
identified, the “like article” produced by the DI is decided in terms of Rule 2(d) of
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the Rules before proceeding for the test of DI standing .
3.5. The PUC cannot be changed during the course of the investigation, therefore
it is imperative that the PUC is carefully, categorically and clearly finalized before
the initiation of the investigation.

OPERATING PRACTICES
3.6. At the time of filing application, the applicant is required to include a
detailed description of the product that will be covered under the investigation. This
detailed description should include the scope of the product under investigation,
the technical characteristics, uses of the PUC, and its HS Code number.

3.7. It should be the effort of the investigation team to ensure that the proposed
‘scope of the product’ is an accurate reflection of the product, for which the DI is
seeking relief .
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3.8. The team should undertake consultations, with the applicant industry or
their representative legal counsel as soon as the complete application is received,
for understanding the alleged dumped product which should be done before
describing the PUC in the initiation notification.

3.9. A single investigation should normally involve a single article and its like
product. However, in certain circumstances, there could be situations where multiple
like products are considered in an investigation to avoid subsequent circumvention
or to make the ADD measure more effective. This situation arises when products
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are generally manufactured together or traded together in normal commercial
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3 Refer to Para III of Chapter 24 for WTO Jurisprudence
4 Refer to Para III of Chapter 24 for WTO Jurisprudence
5 Final Findings in Sunset Review in Anti- dumping investigation on imports of Glass Fiber and articles thereof
originating in or exported from China PR, F. No. 15/10/2015 dated 6.7.2016, wherein PUC comprised of glass roving,
direct rovings, glass chopped strands and glass chopped strand mats.
6 Final Findings in Anti-dumping investigation on imports of Veneered Engineered Wooden Flooring originating in or
exported from China PR, Malaysia, Indonesia and the European Union, F. No.14/34/2016-DGAD, dated 13.2.2018,
wherein PUC comprised of laminated, wooden/non-wooden, single/multi layered flooring.

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