GOVERNMENT OF INDIA
MINISTRY OF COMMERCE & INDUSTRY
DEPARTMENT OF COMMERCE
UGYOG BHAVAN NEW DELHI
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EXPORTERS QUESTIONNAIRE
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DIRECTORATE GENERAL OF
ANTI DUMPING & ALLIED DUTIES
Email:?moc_antidump@ub.nic.in
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INTRODUCTION?
This Directorate has considered the need to streamline Exporters Questionnaire to elicit information required in Anti-dumping investigations. This publication contains the revised format and guidelines for the questionnaire seeking information from exporters of the product under investigation.?
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The exporters are requested to furnish complete and correct information as called for in each part of the revised format within the time limits prescribed by the Designated Authority.?
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The Exporters Questionnaire is also available for downloading on the official website of the Ministry of Commerce & Industry at http://commerce.nic.in/antidump.htm?
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The officers of the Directorate will be available for any clarification required in completing the questionnaire.
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GENERAL
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INTRODUCTION
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1.??????The Sections 9A, 9B and 9C of the Customs Tariff Act, 1975 as amended in 1995 and the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 framed thereunder form the legal basis for anti-dumping investigations and for the levy of antidumping duties. These laws are based on the Agreement on Anti-Dumping which is in pursuance of Article VI of GATT, 1994.?
Once a prima facie case of dumping, injury and causal link is established, the Designated Authority initiates investigation. The case is investigated before recording preliminary and/or final findings. The investigation process includes eliciting information on various parameters through questionnaire from known interested parties, notably exporters/producers, importers and the petitioner/s, and verification thereof, if deemed necessary.?
2.??????The questionnaire in the following pages has been designed to enable the Designated Authority under Customs Tariff (Amendments) Act, 1995 and the Rules made thereunder to obtain the information deemed necessary from the exporters for the present investigation. It is in the exporters own interest to reply to the questionnaire as accurately and completely as possible and to attach supporting documents, wherever feasible.?
3.??????The questionnaire is not of a “fill in type” and provides for submission of answers to the questions. The information provided should be strictly as per the questionnaire and preferably in the same order as in the questionnaire and be affixed by the declaration provided. Where statistical or accounting data is required, Appendices have been provided giving the format for presentation of data.
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4.??????In case you are not a producer of the product involved in this investigation, you may provide information in response to this questionnaire to the extent it relates to you and communicate the name(s) and address (es) of the actual producer(s). Simultaneously, you are requested to advise the concerned producer(s) to furnish information required by the Designated Authority within the time limit specified. You are also required to furnish copies of the terms and conditions and related correspondence exchanged with the producer(s) for procurement of the product for export to India, to third countries and for domestic sales. You are further required to indicate total quantum, value and unit price of the procurement of the product from each of the producers alongwith expenses incurred by you after procurement and upto shipment in different markets. In case you have processed the product after procurement but before shipment to any of the markets, details thereof alongwith the expenditure incurred may be annexed.?
5.??????In case the prices of raw materials, labour (wages), utilities etc. are not determined by market forces in your country, then the methodology applied for determination of prices, system of costing used and mechanism of direct and indirect subsidy may please be explained.?
6.??????Please attach evidence wherever any claim has been made, particularly with regard to the price adjustments claimed in the Normal Value and Export Price ?
7.??????An interested party supplying information must ensure that all the information supplied is clearly marked either “Confidential” or “Nonconfidential” at the top of each page. Information supplied without any mark shall be treated as non-confidential and the Designated Authority shall be at liberty to allow the other interested parties to inspect any such non-confidential information.?Confidential information must be accompanied by non-confidential summary to the extent conducive to summarisation. However, if the Designated Authority is satisfied that the request for confidentiality is not warranted, the said information may be disregarded
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