Supporting Companies in
Anti-dumping Applications to Provide Data
[DGTR Trade Notice
No. 13/2018 dated 27 September 2018]
Subject: Requirements for
companies expressing support for any Anti-Dumping Duty/ Countervailing Duty
Petition/Application
Attention of Trade and Industry is invited to Rule 2(b) of
the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping
Duty on Dumped Articles and for Determination of Injury) Rules, 1995
(hereinafter referred to as the "Rules") read with Rule 5(3) therein.
The Authority notes that the "domestic industry" as defined must be
representative, in so far as possible, of the domestic producers as a whole.
Accordingly, it is felt that the examination of the "degree of support for, or opposition to the application expressed
by domestic producers of the like product" requires the Authority to
be cognizant of details regarding as many of the domestic producers as
possible.
2. It has
been noted that many petitions are being fi led on behalf of domestic producers
having limited share in domestic production, but with support from other
domestic producers in the form of a simple letter of support. It
is noted that there is no 'prescribed
format' for such domestic producers who express their support for a petition
wherein 'supporters' could supply information to the Authority. Hence,
meaningful and sufficient information of such supporting companies is not
available with the Authority which has a bearing on the quality of Trade
Remedial Investigations carried out by the Authority.
3. The Authority
therefore prescribes the format, as laid out inAnnex-1 and Annex-if, wherein
information is to be provided by each of the 'supporters' of a petition
(hereinafter, "supporting company"). The data submitted by the supporters
should be accompanied by a Certificate signed by the Chief Executive or a duly authorised representative of the Supporting Company. Format
of the certificate is enclosed at Annex-Ill.
Data of all supporting companies is required to be filed by the petitioner
with the original petition at pre-initiation stage.
4. The acceptance of the data provided by a supporting
company and its sufficiency would be subject to verification by the Authority.
5. This Trade Notice will supersede all previous instructions
or Trade Notice, if any, issued by the Directorate with regard to the a
foresaid subject.
No. 4/21/2018-DGTR