Page 68 - MANUAL OF SOP

Domestic Industry Standing

3.49. The process of manufacture is of no consequence in a trade remedy
investigation as the same goods may be produced with different production and
technology processes. However, if it is claimed that the production process results in
different physical characteristics, then these differences must be taken into account
while determining whether the goods are like articles or not.

3.50. The ‘like articles’ have to be determined in the context of the applicant DI
only. It is pertinent that if a product is considered as ‘like article’ then the industry
producing that particular like article must necessarily be a part of the applicant DI
whose data is being considered for various factors including injury and causal link.
The claim of the DI that some of the ‘like articles’ are being produced by other
producers (non-applicants) in the Indian industry will put to question DI standing.

3.51. The applicant is not permitted to add other producers as a part of the
DI to give validity to the scope of ‘like articles’. This means that the composition
of the applicant DI cannot be altered after the initiation of the investigation. In
circumstances with due justification, if it becomes necessary to do so, all parties to
the investigation must be given fresh notice of the proposed action.

45