Page 485 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

a mutually agreed solution . The team should write to the government of the
20
exporting country inviting them for consultation as soon as a complete application
is received along with the invitation suggesting/proposing date of meeting. A copy
of NCV application should also be attached.

20.34 The petition should also be sent to the Embassy/Consulate of India in the
concerned subject country(ies) to seek information, if required, regarding the
alleged subsidy schemes in the said country.

20.35 It is the choice of the subject country to come for consultation. In case the
delegation is coming from the exporting country for the consultations, then the
team should send a proper invitation in the form of Note Verbale to the Embassy of
the subject country(ies) in India.

20.36 After such consultations, the written submission along with supporting
evidences should be filed in a week’s time or such other extended period as agreed.
The documents received from the subject country are analyzed and a decision is
taken whether to initiate the investigation against one or more countries based on
the merits. Also, it needs to be decided whether to initiate the investigations on all
or few of the alleged schemes mentioned in the application.

20.37 Till this time, an application filed by the domestic industry is not publicised
and no information is disclosed to the parties at large regarding the receipt of
application in accordance with Article 11.5 of the SCM Agreement and Rule 7 of
the CVD Rules.

20.38 Once the team satisfies itself regarding the sufficiency of the evidence in the
application, notice of initiation is issued with the approval of DG, detailing:

(i) the name of the exporting countries and the article involved;
(ii) the date of initiation of the investigation;
(iii) the period of investigation;

(iv) a description of the subsidy practice or practices to be investigated;
(v) a summary of the factors on which the allegation of injury is based;

20 Article 13.1 of the SCM Agreement: “As soon as possible after an application under Article 11 is accepted, and
in any event before the initiation of any investigation, Members the products of which may be subject to such
investigation shall be invited for consultations with the aim of clarifying the situation as to the matters referred to in
paragraph 2 of Article 11 and arriving at a mutually agreed solution.”
And Rule 6 (5): “The Designated Authority shall notify the government of the exporting country before proceeding
to initiate an investigation.”

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