Page 314 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

injury parameters specified under the Rules . Each of the fifteen individual factors
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listed in paragraph (iv) of Annex-II must be evaluated by the investigating authorities
and there is no room for a “permissible interpretation” that all individual factors
need not be considered . What is expected in an injury analysis is not merely a
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faithful mention of each of the criteria and an appropriate notation against each
of them, but a sound appreciation of the situation based on each of the factors .
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11.7.28. The Rules require the Designated Authority to examine both the actual
performance and the potential performance. While guidance with regard to
potential performance is not available, it can be understood that potential
performance implies the likely situation of the DI in the event of continued dumping
of the product in the country. Potential performance is more relevant to threat of
injury and review cases.

11.7.29. The team should analyze the performance of the DI in respect of each and
every parameter over the injury period. For this purpose, it is important that data
for all the periods are for the same length of time. For example, if the POI is more
or less than 12 months, the data must be appropriately annualized and thereafter
considered. It must be ensured that there is no time gap between the POI and
the injury period, though the overlapping of the period is allowed, which is in
compliance with the ADA.

11.7.30. The team has access to the actual figures in their record. However, it
should be noted that the eventual conclusion is drawn on the basis of overall
emerging trends in the performance of the DI over the injury period including the
POI and post POI.

11.7.31. The analysis of the performance of the DI may also sometimes be required
over the injury period to understand the performance of the DI during the injury
period or part thereof. This may be necessary where the performance of the DI has
suddenly deteriorated due to dumping during the period. This may require quarter

6 See paragraph (iv) of Annexure II of the Rules.Paragraph 4 of Article 3 of the ADA provides that “The examination
of the impact of the dumped imports on the domestic industry concerned shall include an evaluation of all relevant
economic factors and indices having a bearing on the state of the industry, including actual and potential decline in
sales, profits, output, market share, productivity, return on investments, or utilization of capacity; factors affecting
domestic prices; the magnitude of the margin of dumping; actual and potential negative effects on cash flow,
inventories, employment, wages, growth, ability to raise capital or investments. This list is not exhaustive, nor can
one or several of these factors necessarily give decisive guidance.”
7 Appellate Body Report, Thailand – Anti-Dumping duties on Angles, Shapes and Sections of Iron or Non-Iron alloy
steel and H Beams from Poland, (WTO Doc no. WTO/DS/122/AB/R), adopted on 12 March 2001.
8 Acrylonitrile Butadeine Rubber 2003 (155) ELT 265 (Tri.-Del.).

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