Page 59 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

3.13.1. physical, technical and other properties and characteristics;
3.13.2. different models / grades / types;

3.13.3. technical information which would facilitate the exact identification of the
products at the time of collection of anti-dumping duties;

3.13.4. tariff classification (even though the customs headings are for indicative
purposes only). The PUC has to be frozen at the stage of initiation. Product
scope can only be restricted during the course of the investigation but cannot be
enhanced after the initiation. If there are any suggested changes by the interested
parties regarding exclusions of some part, then this should be finalized within 3
months from the date of initiation. The changes could be made at the stage of the
oral hearing, after receipt of written submissions and rejoinders with the specific
approval of DG. No change should be done after this stage.

3.14. The details regarding the manufacturing process of the PUC and value
addition by the DI must be obtained and examined for deciding the PUC at the
time of initiation. It may not be justified to initiate any ADD investigation if it is an
imported input which is sold in the domestic market without any material value
addition.

3.15. The different grades/form/types/strengths/sizes of product may not mean
different products. They are subsets of one product that is proposed to be investigated
and hence is alike as far as their essential physical & technical characteristics are
concerned, at best they can constitute PCNs (discussed in paragraphs below).

3.16. The levy and collection of anti-dumping duty are largely dependent on the
HS Code of the PUC. Therefore, customs classification in each investigation must
be clearly stated. The customs classification should be specified under which the
subject goods are mainly imported, even if it is not dedicated. The entire customs
heading need not necessarily be the PUC. It is allowed to initiate investigations
against products, on a part or subset of any customs heading, or which run across
different headings. However, the customs classification is only indicative and is in
no way binding on the scope of the investigation.

3.17. A reference may be made to Tax Research Unit (TRU), Department of
Revenue, immediately after initiation to seek their comments on the appropriateness
of HS Codes along with the copy of initiation notification.

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