Government of India
Ministry of Commerce & Industry
(Department of Commerce)

New Delhi, the 17^th June 2003

Subject: Initiation of anti-dumping investigations concerning import of Coated Paper including Paper and Paperboard of 80 GSM and above originating in or exported from Indonesia and European Union.

No.14/7/2003-DGAD. M/s BILT Graphics Papers Ltd, Gurgaon, Haryana has filed a petition before the Designated Authority (hereinafter referred to as the Authority) 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 alleging dumping of Coated Paper originating in or exported from Indonesia and European Union and have requested for Anti-dumping investigations and levy of anti-dumping duties.

2. The product under investigation in the present petition is Coated paper including paper and paperboard of 80 GSM and above (hereinafter referred to as subject goods). This product is used for high quality printing jobs including various magazines, publicity material, calendars, posters, books etc. This product is classified under Customs Heading 4810 of the first schedule of the Customs Tariff Act, 1975. Customs classifications are indicative only and in no way binding on the scope of the present investigations.

3. The petition has been filed by M/s BILT Graphics Paper Ltd, Gurgaon, Haryana. The petitioner has claimed that they are the only major producer of subject goods in India. The Authority observes that the petitioner accounts for 95% of the domestic production for the subject goods in India. M/s Ballarpur Industries Ltd, Yamunanagar and M/s BILT Industrial Packaging company Ltd, Coimbatore who account for 1.94% and 2.11% of the domestic production respectively, have supported the petitioner. Therefore, the petitioner and the other said companies supporting the petition satisfy the criteria of standing as domestic industry to file the petition in terms of Rule 5(3)(a) of the Rules supra.

4. The countries involved in the present investigation are Indonesia and European Union (hereinafter referred to as subject countries).

. LIKE ARTICLE

5. The petitioner has claimed that there is no difference between the products manufactured by them and the subject goods imported from the subject countries. Therefore, for the purpose of present investigation, the goods produced by the petitioner are being treated as Like Articles of the product imported from the subject countries within the meaning of the Rules, supra.

6. The petitioner has claimed Normal Value in respect of exports of subject goods from subject countries on the basis of constructed cost of production by taking international price of raw material and consumption norms of Indian Industry. The Authority has, prima facie, considered the Normal Value of subject goods in subject countries on the basis of their constructed cost of production.

7. The petitioner has determined export price of subject goods from subject countries on the basis of analysis of import figures collected from secondary sources. Adjustments have been claimed on account of ocean freight, marine insurance, port expenses in the country of exports, port handling and port charges to arrive at the Export Price at ex-factory level.

8. There is sufficient evidence that Normal Value of the subject goods in the subject countries is significantly higher than the net export price indicating prima facie that the subject goods are being dumped by exporters from the subject countries.

9. Petitioner has furnished information on various parameters relating to material injury and threat of injury. Parameters such as significant rate of increase of dumped imports from the subject countries, increase in market share of imports as a proportion to total demand, decrease in market share held by Indian producers, decrease in sales value and unit price, low return on investment, price undercutting and price suppression, prima facie, indicate collectively and cumulatively that the domestic industry has suffered material injury on account of dumping and is also facing threat of injury.

10. The Designated Authority, in view of the foregoing paragraphs, initiates anti-dumping investigations into the existence, degree and effect of alleged dumping of the subject goods originating in or exported from the subject countries.

11. The Period of Investigation for the purpose of the present investigation is 1st January 2002 to 31^st December 2002.

13. 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 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 the letter addressed to them separately. It may be noted that no request, whatsoever, shall be entertained for extension in the prescribed time limit.

14. In terms of Rule 6(7), any interested party may inspect the public file containing non-confidential version of the evidence submitted by other interested parties. In case where an interest party refuses access to, or 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 Government as deemed fit.

(L.V. SAPTHARISHI)
DESIGNATED AUTHORITY