1. LEGAL PROVISIONS

 

Article 6.2 of GATT:

 

Throughout the anti-dumping investigation all interested parties shall have a full opportunity for the defence of their interests. To this end, the authorities shall, on request, provide opportunities for all interested parties to meet those parties with adverse interests, so that opposing views may be presented and rebuttal arguments offered. Provision of such opportunities  must  take  account  of the need to preserve confidentiality and  of  the  convenience  to the parties. There shall be no obligation on any party to attend a meeting, and failure to do so shall not be prejudicial to that party's case. Interested parties shall also have the right, on justification, to present other information orally.

 

Article 6.3 of GATT:

 

Oral information provided under paragraph 2 shall be taken into account by the authorities only in so far as it is subsequently reproduced in writing and made available to other interested parties, as provided for in subparagraph 1.2.

 

Rule 6(6) of AD Rules:

 

The  designated  authority  may  allow  an  interested  party  or     its representative to present the information relevant to the investigation orally but such oral information shall be taken into consideration by the designated authority only when it is subsequently reproduced in writing

 

2. OPERATING PRACTICES

 

For holding a hearing, the investigation team should submit the file to the Authority who shall then convey a convenient date and time for the same. The hearing should be held before the finalisation of the disclosure statement, and also give sufficient time to all the parties to submit their written submissions and rejoinders after the hearing which can then be included in disclosure statement.

 

The hearing date should be fixed in such a manner that it grants reasonable time to all the interested parties/stakeholders to attend the hearing. Sufficient advance notice should be provided to enable the participation of the domestic industry,representatives from respective embassies of subject countries in India, producers exporters from subject countries or their representatives who will have to make travel arrangements to ensure their presence and participation.

 

A list of all interested parties, email ids, representatives and contact information must be maintained separately for each case.

 

The oral hearing date as approved by the Designated Authority must be informed via e-mailto all the registered interested parties involved in the investigation and/or their respective consultant.

 

In cases where the email addresses of the registered interested parties are not available then such notice of hearing must be sent via fax and/or registered post. Communication of hearing and the email as well as tracking receipts should be kept in file for records.

 

The notice of hearing must also be uploaded on the DGTR website. Posting of notice of hearing or any other communication on the website shall be deemed to be served upon all the interested parties even though all efforts shall be made to communicate individually to each of the registered interested parties.

 

The notice should mention the details of PUC, date, time of the hearing. It must also mention that any document/paper proposed to be circulated in the hearing must be intimated to all the interested parties prior to hearing in non- confidential version as per Trade Notices on the issue.A template for notice of oral hearing is attached to this Chapter.

 

All interested parties to whom notices of hearing have been sent, must intimate the names and designations of all such persons who are interested in attending the hearing.

 

An attendance sheet must be circulated and signed by all the parties also indicating their phone numbers and e-mail ids, who are present in the hearing so as to keep a record of appearance.

 

The conduct of the hearing must be regulated in a manner so that each party gets sufficient time to make their submission.

 

The hearing starts by the investigation team welcoming all the participants and making a brief summation about the case and Domestic Industry is first invited to put forward their submissions, followed by the Embassies of the respective subject countries, producers’ exporters from subject countries, importers and users. Thereafter the Domestic Industry gets an opportunity to present their rebuttal oral submissions.

 

With regard to the documents being referred to during the hearing, a set of instructions have been issued from time to time through Trade Notice No. 1/2009, Trade Notice No. 1/2011, and Trade Notice No. 03/2012.

 

If any interested party intends to circulate any document/paper during the hearing, copy of the same must be provided to all participants at least one day prior to the public hearing by physical copy or by e-mail or both.If an interested party intends to submit/present some information on confidential basis during the public hearing, the same along with NCV thereof must be submitted to the Designated Authority at least three days prior to such hearing. It should be ensured that the NCV of such information gives a meaningful summary of the CV.In case no such NCV is provided before the stipulated period, the interested party may not be allowed to present such papers in the public hearing.

 

Time is given to all the interested parties, who make oral submission, for filing written submission subsequent to the oral hearing. The DGTR directs all the participants to file submissions in writing in CV and NCV, which are to be sent by e-mail and non-confidential copy to be marked to each other.

 

At the end of the hearing the Designated Authority grants time for filing written submissions by indicating a specific date. All the participants are instructed to reproduce their oral submissions in writing in CV and NCV which are to be sent by e-mail. The NCV has to be shared with other participants present in the hearing. Another date is also indicated for filing rejoinder written submissions by all the interested parties.

 

The non-confidential version of the written submissions is kept in NCV. The rejoinders are not required to be kept in the NCV file.

 

In case any written/rejoinder submission is physically filed, then it should be received with a date stamp and sign to note the time of submission.

 

Any submission received beyond the date fixed may not to be taken into consideration. The Disclosure Statement may note the delayed filing as reasons for not taking submissions into account.

 

Source: Manual Of Operating Practices For Trade Remedy Investigations