59/1/2000-DGAD

Government of India
Department of Commerce
Ministry of Commerce & Industry
Directorate General of Anti-Dumping & Allied Duties
***

M/s Vam Organic Chemicals Ltd., Baroda have filed a petition, on behalf of the domestic industry, 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 duty) Rules, 1995 before the Designated Authority (hereinafter referred to as the Authority) alleging dumping of Choline Chloride from PR China and Territory of European Union (herein referred to as subject countries) and have requested for Anti-Dumping investigation and levy of Anti-Dumping duties.

2. Domestic industry standing: The petition has been filed by M/s Vam Organic Chemicals Ltd. having registered office at Plot No. 1-A, Sector-16-A, Institutional Area, Noida-201 301. M/s Vam Organic Chemicals Ltd., the petitioner accounts for a major proportion of the domestic production of Choline Chloride in the country. Therefore, the petitioner satisfies the standing to file the petition on behalf of the domestic industry as per Rule 5(a) and (b) and Rule 2 (b).
3. Product involved: The product involved in the present investigation is Choline Chloride (herein referred to as subject goods), originating in or exported from the subject countries and classified under Customs Sub-heading 2309.9001 and 2923.1001 of the Customs Tariff Act, 1975. The classification is however, indicative only and is in no way binding on the scope of the present investigation.
4. Countries involved: The petitioner has alleged dumping of Choline Chloride from PR China and European Union (herein referred to as subject countries).
5. Like articles: The petitioner has claimed that the goods produced by them and as classified by Custom Tariff under head 2309.9001 and 2923.1001 have no substitute and, therefore, be treated as like articles to the goods imported from the subject countries within the meaning of the Rules.
6. Normal value: The normal value has been referenced on the basis of the constructed cost of production with appropriate adjustments for Peoples Republic of China and has been referenced on secondary sources for the Territory of European Union.
7. Export Price: The petitioner has claimed Export price based on secondary sources, which provide information on export price of subject goods to India.
8. Dumping margin: There is sufficient prima-facie evidence that the normal value of the subject goods in the subject countries is significantly higher than the price at which it has been exported to India indicating prima-facie that the subject goods are being dumped by the exporters from the subject countries.
9. Injury: Various parameters relating to injury such as price undercutting by dumped imports, sales below the cost of production resulting in per unit losses, increase in volume of dumped imports, loss of market share etc., prima-facie collectively and cumulatively indicate that the domestic industry has suffered material injury on account of dumping from subject countries.
10. Initiation of Anti-Dumping investigation: The authority in view of the foregoing paragraphs initiates anti-dumping investigation into the existence, degree and effect of alleged dumping of the subject goods originating in or exported from the subject countries.
11. Period of investigation: The period of investigation for the purpose of present investigation is 1.4.99 to 30.9.2000.
12. Submission of informration: The exporters in the said country and importers in India known to be concerned are being addressed separately to submit relevant information in the form and manner prescribed and make their views known to:-

The Designated Authority

Government of India
Ministry of Commerce & Industry
Department of Commerce
Udyog Bhavan
New Delhi-110011.

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.

13. Time limit: Any information relating to the present investigation should be sent in writing so as to reach the Authority at the address mentioned above not later than 40 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 40 days from the date of letter addressed to them separately.
14. All parties must provide a non-confidential summary of any information provided on a confidential basis in terms of Anti-Dumping Rule 7(2). Please, however, note that such information will be subject to acceptance in terms of Anti-Dumping Rule 7(1) and 7(2).
15. 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 after expiry of time limits set.
16. In case any interested party refuses access to and otherwise does not provide necessary information within a reasonable period, or significantly impedes the investigation, the Authority may record its findings on the basis of the facts available to it and make such recommendations to the Central Governments as deemed fit.