Subject: Initiation of anti-dumping investigation concerning import of Ethylene Propylene Rubber (EPM) and Ethylene Propylene Diene Rubber (EPDM) from Korea RP

F No. 28/1/99-DGAD.- M/s. Herdillia Unimers Limited 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 Dury) Rules, 1995 before the Designated Authority (hereinafter referred to as the Authority) alleging dumping of Ethylene Propylene Rubber (EP" and Ethylene Propylene Diene Rubber (EPDM) from Korea RP and have requested for Anti-dumping investigation and levy of antidumping duties.

2. Domestic industry standing;: The petition has been filed by M/s Herdillia Unimers Ltd. having registered office at 2/2, TTC, Industrial Area (D Block), MIDC, Thane, Mumbai. Applicant is the only producer of Ethylene Propylene Rubber(EPM) and Ethylene Propylene Diene Rubber (EPDM) in India, and, therefore, have a standing to file a written request on behalf of domestic industry under the Rules aforesaid.

3. Product involved: The product involved in the present investigation is Ethylene Propylene Rubber (EPM) and Ethylene Propylene Diene Rubber (EPDM) (herein referred to as subject goods), originating in or exported from the subject country and classified under Customs Sub-headings 4002.70 and 4002.99 respectively 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 EPM and EPDM from Korea RP (herein referred to as subject country).

5. Like articles: The petitioner has claimed that the subject goods produced by them viz. Ethylene Propylene Rubber (EPM) and Ethylene Propylene Diene Rubber (EPDM) as classified by custom Tariff under sub heads 4002.70 and 4002.99 respectively have no substitute. The petitioner have further claimed that the goods pmduced by them and those imported from the subject country are technically and commercially substitutable, and, therefore, be treated as like articles to the goods imported from the subject country within the meaning of the rules.

6. Normal value: The normal value has been based on the export price of the product under consideration by South Korean producers and exporters to third countries other than India.

7. Export Price: The petitioner has claimed Export price to India on the basis of information compiled from the transaction-wise imports received from ports.

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 suppressed domestic prices, losses on domestic sales, rise in inventory etc., prima-facie dumping indicate collectively and cumulatively that domestic industry has suffered material injury on account of dumping.

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 subject countries.

11. Period of investigation: The period of investigation for the purpose of present investigation is 1.4.98 to 30.6.99.

12. Submission of information: The exporters in the said countries 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

Mrs. Rathi Vinay Jha, Designated Authority & Additional Secretary

Government of India

Ministry 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. 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 limit set out.

15. 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, 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.