(Initiation
Notification)
No. 27/1/97-ADD- A petition has been
filed by M/s. Industrial Chemicals and Monomers Ltd., M/s. Birla
Corpn. Ltd. (Unit : Birla Carbide and Gazes), M/s. Tecil
Chemicals and Hydro Power Ltd., and M/s. Panyam
Cements and Mineral Industries Ltd.. in accordance with the Customs Tariff
(Amendment) Act, 1995 and Customs Tariff (identification, Assessment and
Collection of Anti-Dumping Duty on Dumped Articles and for Determination of
Injury) Rules, 1995 before the Designated Authority (hereinafter also called as
the Authority) alleging dumping Calcium Carbides from China and Romania
(hereinafter also referred to
said Countries) and requested for investigation and levy of
anti-dumping duty.
2. Domestic
Industry: The petition has been
filed by M/s. Industrial Chemicals and Monomers Ltd., M/s. Birla
Corpn. Ltd. and M/s. Tecil
Chemicals and Hydro Power Ltd., who account for more than 25% of domestic
production, and therefore, have a standing to file a petition on behalf of
domestic industry under the aforesaid
rules. It has been submitted that M/s. DCM Shriram
Fertilisers and Chemicals may be excluded from the
preview of domestic industry as their production is has not been included as
they are importers of the said product during 1997.
3. Product
Involved: The product involved is Calcium Carbide of all sizes. Calcium Carbide is one of the basic
Industrial Chemicals for manufacture of a wide range of Acetylene based
chemicals.
Calcium Carbide
is classified under Custom Code 28.49 (which reads as Carbides) of Customs
Tariff Act. The classification is however,
indicative only and is in no way binding on the scope of present investigations.
4. Like Goods:
The petitioner has claimed that Calcium Carbide produced by them has
characteristics closely resembling with Calcium Carbide being imported
from said countries and the two are being consumed interchangeably.
5. Normal Value: The petitioners
have provided sufficient evidence to indicate the normal value
prevailing in the domestic markets of the countries involved.
6. Export price: The petitioners have claimed export price on
the basis of data compiled from Chemical
Weakly and has stated that the
statistics published by the Directorate of Commerce Intelligence
and Statistics, Calcutta, may not be
relied upon since quantities of imports
widely vary from month to month.
Since those prices are CIF the petitioners have claimed adjustments for
ocean freight, marine
insurance, customs clearance and port handling, local
transportation in the countries of
export, and special packaging for working out ex- works Export Price.
7. Dumping
Margin: There is sufficient
prima facie evidence that export price to India has been lower than the
Normal Value in the said countries for all sizes of Calcium Carbide indicating
that the same are being dumped by the exporters from China and Romania.
8 Injury: The various
parameters relating to injury such as quantum of imports in absolute terms,
market share, import price from the alleged countries
and various indicators affecting domestic industry such as production, sales,
selling prices, stocks, profit and loss, collectively and cumulatively
prima facie indicate that the domestic industry has suffered material injury.
9. There is prima facie evidence that imports of Calcium Carbide
originating from the said countries are causing material injury to the domestic
industry.
10. Initiation
of Anti Dumping Investigation: The
Designated Authority, therefore, initiates anti dumping investigation
into the existence, degree and effect of alleged dumping of Calcium Carbide
originating in or exported from
11. Period
of Investigation: The period of investigation for the purpose of
present investigations is April, 1996 to July, 1997 (16 months).
12. Submission
of information : The exporters in
13. Any
other interested party may also make its submissions relevant to the
investigation in the prescribed form and manner within the time limit set out
below.
14. Inspection
of. Public File: In terms
of Rule 6(7), any interested party may inspect the public file containing non-
confidential versions of the evidence submitted by other interested parties.
15 Time
Limit: Any information relating
to the present investigation should be sent in writing so as to reach the
Designated Authority at the address mentioned above not later than forty days from
the date of publication of this notification. The known exporters and
importers, who are being addressed separately, are, however, required to submit
the information within forty days from the date of letters addressed to them
separately.
16. In case where an interested party refuses
access to, or otherwise does not provide necessary information within a
reasonable period, or significantly impedes the investigation, or the
information is incomplete in any respect the Authority may record its findings on
the basis of the facts available to it and make such recommendations to the
Central Government as deemed fit.