Page 37 - Defence Wing Booklet

7. The Legal Counsel is required to simultaneously draft the response. If
required, the TDW may request for an extension of date for the ling of
response to IAs.

8. The Legal Counsel has to prepare the response at least 3-days before the
scheduled date of ling. The TDW, after evaluating the response, sends it
to TPD at least 2-days before the date of ling. After incorporating the
comments from TPD, the response, with the approval from JS(TDW)/
AS&DA, is sent to Counsel/EOI for ling at least one day before the
scheduled deadline.

Stage-IV: Issuance of Preliminary Findings (“PF”):

9. Preliminary Finding is issued by IAs under Article 17 of ASCM, on the basis
of responses led by the interested parties. The IAs, may impose
Provisional Measures through Preliminary Finding and indicate deadlines
for further submissions i.e. ling of Case Brief, schedule of Verication,
request for Public Hearing etc.

10. The TDW scrutinizes the Preliminary Findings on the following parameters:

(a) The basis on which the Schemes were determined to be counter-
vailable,
(b) The basis of the determination of duty,

(c) Whether IA has imposed Adverse Facts Available (AFA), if so the
reason thereof,
(d) Whether IA indicates to conduct the verication of the facts, if so,
Stage-V is followed,

(e) If no (for (d) above), obtain the schedule for the case brief.

11. The TDW also sends the Preliminary Findings to the concerned
Administrative Ministries / Departments, DGFT, Territorial Division of D/o
Commerce, Commodity Division of D/o Commerce, TPD, D/o Commerce
and the concerned EPCs.

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