Page 509 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

21.15 It may be kept in mind that even though there is no statutory requirement
of establishment of an unfair trade practice, the injury requirement under section
8B is considered to be more stringent.

21.16 The Safeguard Rules require that an application shall be supported with
evidence of (i) increased imports; (ii) serious injury or threat of serious injury to the
domestic industry; and (iii) a causal link between imports and the alleged serious
injury or threat of serious injury. Further, a statement on the efforts being taken, or
planned to be taken, or both, to make a positive adjustment to import competition
is also required to be furnished.

21.17 The application seeking initiation of safeguard investigations should be
inter-alia accompanied by the following information for latest available four years
and supporting documents in addition to the application in the prescribed format:

S.N. Documents / Information
1 Soft Copy of the application
2 D.G.C.I &S import data segregated year-wise and county wise
3 Total Indian Production and basis for the estimation
4 Year-wise production of applicant and Installed Capacity of PUC with supporting
documents like Pollution Control Board Certificate
5 Total sales (separately for domestic /captive/exports) of the applicant and other
Indian producer(s) along with total year wise demand in the country.
6 Workings of Cost of production along with Excel files
7 Submissions and Workings in support of claimed injury/threat of injury
8 Evidence in support of causal link
9 Statement of adjustment and period thereof
10 Evidence regarding unforeseen developments
11 Confirmation from the DI/consultants that the complete cost data for all the units
of the domestic industry manufacturing or selling PUC has been furnished in the
petition.
12 Audited financial statements and cost audit reports
13 Statement of critical circumstances if provisional Safeguard Measure is requested

21.18 The audited accounts must be furnished along with the application for
initiation. In case the audited accounts are not available for the latest period then
the Profit & Loss Account figures duly signed by the senior company officials (with
name, designation and contact number clearly mentioned) should be submitted for

486