Page 323 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

should coincide with the decline in the relevant injury parameters. Although the
nature of the analysis in a safeguards investigation would differ from an anti-
dumping investigation,but guidance on the manner in which such an analysis may
be undertaken could be from the examination in a safeguards investigation .
13
11.7.55. In view of above, causation may be examined by using a ‘coincidence’
analysis—where the volume and prices of the dumped imports and the injury factors
are examined in order to assess whether a linkage exists between these events. The
other factors that cannot be attributed to dumped imports should be examined and
their effects should be excluded while determining causation. Information obtained
from all stakeholders in the domestic market, e.g. The DI, importers, end-users,
etc., is used to evaluate the causal effect of the dumped imports on DI.

11.7.56. The significance and weight to be assigned to various causal factors is a
matter which is case specific and by the team in consultation with the Designated
Authority, having regard to all the available information.

11.7.57. This causal link has to be seen in totality over the entire notified period,
inclusive of the injury period and the period of investigation.

Non-Attribution Analysis
11.7.58. Article 3.5 of the ADA requires the establishment of a causal relationship
between dumped imports and injury to the DI. This requires the investigating
Authority to examine any known factors, other than the dumped imports, which
at the same time are injuring the DI, and the injuries caused by these other factors
must not be attributed to dumped imports.

11.7.59. It is possible that the DI is suffering injury due to several factors, other
than the dumped imports, at the same time. The notion of attribution analysis
requires the identification of factors, other than the dumped imports,which could
be inducing the injury caused to the DI,and examination of these factors. The
Authority must isolate and exclude any factors other than the dumped imports
which may be contributing to the injury.

13 Final finding in safeguards investigation concerning imports of cold rolled flat products of stainless steel of 400
series dated March 23, 2015, wherein it was held that based on an evaluation of the overall position of the DI, the
factors such as abnormally high depreciation and finance charges were responsible for the losses being suffered by
the DI. Therefore, the investigation was terminated based on the fact that the causation analysis in the particular
investigation was absent.

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