Page 453 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

(i) Absence of a justification, economic or otherwise, other than imposition of
ADD.
(ii) Evidence that the remedial effects of ADD are undermined in terms of price
(price effect) and/or quantity (volume effect) of the like products. These are
discussed below.

18.12.5. In examining volume effect, the Authority examines whether – since the
imposition of the ADD on the PUC – there has been a decrease in the volume of
imports of the PUC and a simultaneous increase in the volume of imports of the
circumvented product during the POI. This comparison may be made in absolute
terms/ relative terms. Examination of volume effect may also be made with regard
to whether the domestic industry’s market share of the like article has decreased
during the POI.

18.12.6. In examining price effect, the Authority examines whether the landed
value of the circumvented product is undercutting the selling prices of the like
article in India or the landed value is below the NIP determined for the PUC in the
original investigation. Any other relevant factors which demonstrate price effect
may also be taken into account.

18.12.7. In an examination of alleged circumvention under the circumstance
defined under sub-rule (1), the Authority must, in addition, determine the value
addition . Explanation I to clause (b) of sub-rule (1) defines ‘value’ to mean the
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cost of assembled, complete or finished article less value of imported parts or
components.

Conclusion
18.13. After detailed examination of anti-circumvention application, the
questionnaires and submissions of the interested parties, the Authority can come
to one of the following conclusions:

18.13.1 That there is insufficient evidence of circumvention and thereby terminate
the investigation.

3 Final Finding in Investigation regarding Circumvention of Anti-Dumping Duty existing on Diclofenac Sodium (DFS)
by imports of “Indolinone”, an unfinished form of “DFS”, originating in or exported from China PR, Case No. No.
14/22/2014-DGAD dated Feb.15, 2017,in this investigation, the product under investigation (PUI) was Indolinone,
a penultimate product of Diclofenac Sodium (DFS) which was the product under consideration (PUC) in the original
investigation on imports of DFS from China PR.

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