Page 33 - Defence Wing Booklet

Stage I: Notice regarding Pre- initiation Consultation

2. The Investigating Agencies (IAs) notify the Embassy of India (“EOI”) in
respective country about the receipt of the application/ petition for the
initiation of CVD Investigation from their domestic industries and request
for Pre-initiation consultation pursuant to Article 13.1 of the Agreement on
Subsidies and Countervailing Duty Measures (“ASCM”) with an aim to
reach mutually agreed solution. From the date of issuance of Notice,
normally the IAs give the time of 15 to 20 days for holding a Pre-initiation
consultation on Petition.

3. Since the Pre-initiation consultation is a bilateral discussion between the
Government of importing country and the Government of exporting
country, the TDW takes the following actions:

(a) Conveys the willingness to participate in the Pre-initiation consultation
to IAs.

(b) Requests the IAs to provide a copy of the Petition led by Domestic
Industry.
(c) If the time to prepare the consultation brief is not sufcient, the TDW
requests IAs to reschedule consultations.

(d) TDW immediately initiates the process of hiring of Legal Counsel to
represent GOI as per the rotation policy notied vide OM No.
th
1/38/2012-TPD dated 08 October 2014. The Legal Counsel has to
convey its willingness to represent GOI at the earliest.
(e) TDW informs and seeks comments from the following agencies:

i. TPD, D/o Commerce,
ii. DGFT, D/o Commerce,
iii. DGCI & S,

iv. State Govts. whose schemes have been challenged in the Petition,
v. Concerned Administrative Ministries/Departments,
vi. Export Promotion Council,

vii. Legal Counsel.

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