Page 498 - MANUAL OF SOP

Countervailing Duty Investigations

20.78 The Authority before arriving at the final determination is required to inform
essential facts under consideration to all the interested parties, which will form the
basis of its finding. The disclosure contains all factual details and all the relevant
facts available with the Authority, which “the Authority considers relevant” for the
purpose of final finding.

20.79 Disclosure statement discusses all the stages of the investigations and
essential summary of all the arguments of the interested parties. The Authority
after issuance of the disclosure statement gives enough opportunity to the parties
to comment on the disclosure statement. Before arriving at final determination,
the Authority has to consider the submissions presented to it on the disclosure
statement. The disclosure statement mentions the relevant documents in the
covering letter and has four annexures i.e. procedure, submissions, rebuttals and
examination by the Authority. The detailed procedure for disclosure is provided
in chapter-16 of this manual relating to Disclosure statement in anti-dumping
investigations.

FINAL FINDING
20.80 The investigations shall normally be concluded, with an issuance of Final
Finding on such investigation by the Authority, within one year and in no case more
than 18 months, after initiation of the concerned investigation.

20.81 Rule 19 of the CVD Rules discusses the issuance of Final Findings. Rule 19
of the CVD Rules states as under:

“(1) The designated authority shall, within one year from the date of
initiation of an investigation determine as to whether or not the article under
investigation is being subsidized and submit to the Central Government its
final finding, as to -

(a) (i) the nature of subsidy being granted in respect of the article under
investigation and the quantum of such subsidy;

(ii) whether imports of such articles into India in the case of imports
from specified countries, cause or threaten material injury to an
industry established in India or materially retards the establishment
of any industry in India and a causal link between the subsidized
imports and such injury; and

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