MINISTRY OF COMMERCE AND INDUSTRY
Department of Commerce
Directorate General of Anti-dumping & Allied Duties
INITIATION NOTIFICATION
New Delhi, the 5th July, 2002
Subject: Initiation of Anti-dumping investigation concerning import of Float Glass from China and Indonesia.
No.14/19/2002-DGAD - All India Flat Glass Manufacturers Association (AIFGMA), New Delhi; have filed a petition on behalf of M/s. Saint Gobain Glass India Ltd., Kanchipuram, Tamil Nadu and M/s. Float Glass India Ltd., Mumbai; in accordance with the Customs Tariff Act, 1975 as amended in 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 referred to as the Authority) alleging dumping of Float Glass originating in or exported from China and Indonesia and requested for Anti Dumping investigations and levy of anti dumping duties. The other domestic producer, viz., M/s. Gujarat Guardian Ltd., Dist. Bharuch, Gujarat has supported the petition.
PRODUCT INVOLVED
2. The product involved in the present petition is ‘Float Glass of thickness 2 mm to 12 mm (both thickness inclusive) of clear as well as tinted variety (other than green glass) but not including processed glass meant for decorative, industrial or automotive purposes’ (hereinafter referred to as subject goods). The product is a superior quality of glass. The subject goods find major uses in construction, refrigeration, mirror and solar energy industries, etc. The product is covered under Customs heading 70.05 of Schedule I of Customs Tariff Act. This Custom classification is however, indicative only and is in no way binding on the scope of the present investigation.
DOMESTIC INDUSTRY
3. The petition has been filed by All India Flat Glass Manufacturers Association (AIFGMA); through the member companies, viz., M/s. Saint Gobain Glass India Ltd., Kanchipuram, Tamil Nadu and M/s. Float Glass India Ltd., Mumbai. Another domestic producer, viz., M/s. Gujarat Guardian Ltd., Dist. Bharuch, Gujarat has supported the petition. The share of the two petitioner companies is more than 25% of the domestic production of subject goods. The two petitioner companies and the other domestic producer supporting the petition account for more than 50% of the total domestic production of subject goods and therefore, the petitioners satisfy the criteria of standing as domestic industry to file the petition in terms of Rule 5(3) (a) of the Rules supra.
COUNTRIES INVOLVED
4. The countries involved in the present investigation are China and Indonesia (hereinafter referred to as the subject countries).
LIKE ARTICLE
5. The petitioners have claimed that there is no difference between the products manufactured by them and the subject goods being imported from subject countries. Therefore, for the purpose of the present investigation, the goods produced by the petitioners are being treated as ‘like articles’ to that imported from the subject countries within the meaning of the Rules supra.
NORMAL VALUE
6. The petitioners have claimed Normal Value in respect of exports from Indonesia on the basis of constructed cost of production which are claimed to be based on the audited accounts of one of the producer/exporter from Indonesia. Normal value in respect of exports of subject goods from China has been claimed on the basis of constructed cost of production treating China as Non-market economy. The Authority proposes to examine the claim of the petitioner in the light of para 7 and 8 of Annexure 1 of the Anti Dumping Rules as amended. The Authority has prima facie considered the Normal value of subject goods in PR China on the basis of constructed cost of production as made available by the petitioner.
EXPORT PRICE
7. The petitioners have determined export price for subject countries on the basis of import figures collected from secondary sources. Adjustments have been claimed on account of ocean freight, marine insurance, inland transportation in the country of export, port handling and port charges to arrive at the Export Price at ex-factory level.
DUMPING MARGIN
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.
INJURY AND CAUSAL LINK
9. Petitioners have furnished information on various parameters relating to injury. Parameters such as increase in volume of imports, low return on investment, increased inventory, price under-selling and price under-cutting prima-facie indicate collectively and cumulatively that the Domestic Industry has suffered material injury on account of dumping.
INITIATION OF ANTI-DUMPING INVESTIGATIONS
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.
PERIOD OF INVESTIGATION (POI)
11. The period of investigation for the purpose of present investigation is 1st April 2001 – 31st December, 2001.
SUBMISSION OF INFORMATION
12. The exporters in the subject countries and the importers in India known to be concerned with this investigation are being addressed separately to submit relevant information in the form and manner prescribed and to make their views known to the Designated Authority, Directorate General of Anti Dumping & Allied Duties, Department of Commerce, Ministry of Commerce and Industry, Government of India, 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.
TIME LIMIT
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.
INSPECTION OF PUBLIC FILE
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 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.
(L.V. SAPTHARISHI)
Designated Authority