Page 402 - MANUAL OF SOP

Disclosure Statement & Final Finding

recommend imposition of provisional duty from the date of such
violation in accordance with the provisions of these rules.
(7) The designated authority shall, suo moto or on the basis of any
request received from exporters or importers of the article in question
or any other interested party, review from time to time the need for
the continuance of any undertaking given earlier.

SIGNIFICANCE
16.74. Price undertakings are alternatives to imposing anti-dumping duties.
The undertakings are formal commitments by exporters under anti-dumping
investigation to abstain from dumping or to ensure that their exports will not injure
the domestic producers of the concerned subject goods. This is a discretionary
provision. The word ‘may’ suggests that in the cases where an exporter offers price
undertaking, the Authority may suspend or terminate the investigation with respect
to that exporter on his undertaking unless it is impractical or is unacceptable for any
other reason. The flipside of price undertaking is that unlike anti-dumping duties,
price undertakings are often difficult to monitor and can be circumvented more
easily. In the context of high price volatility, there is a basic concern relating to the
suitability of price undertakings to remove dumping and its injurious effects.

OPERATING PRACTICE

16.75. The exporter has to signify his willingness to offer price undertaking in
writing.

16.76. The request can be made anytime during the investigation after issuance
of preliminary finding and/or Disclosure Statement or after the completion of the
investigation as per the formats annexed in this Chapter .
10
16.77. The request is examined and a personal hearing may also be granted to the
interested exporters in this regard .
11
16.78. The Domestic Industry and other interested parties must be informed
regarding the request received from the exporter and time must be granted for
filing the comments regarding this.

10 See the submission of price undertaking by M/s. Ras Al Khaimah Co UAE in Antidumping duty on imports of white
cement originating in and exported from from UAE and Iran,F. No.15/13/2011-DGAD, (Ministry of Com. & Indus.,
June 6, 2013) (Final Finding).
11 Final Finding in Anti-dumping investigations concerning import of Nylon Tyre Cord Fabric originating in or exported
from China PR, F. No. 14/20/2003-DGAD dated March 9, 2005)

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