No.53/1/99-DGAD
GOVERNMENT OF INDIA
MINISTRY OF COMMERCE

New Delhi, the 3^rd, March 2000

M/s Deepak Nitrite Limited on behalf of the domestic industry has filed a petition 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 (herein after referred to as the Authority) alleging dumping of Hydroxyl Amine Sulphate from USA, Japan and EU and requested for anti dumping investigations and levy of anti dumping duties.

1. Product involved: The product involved in the present petition is Hydroxyl Amine Sulphate (also referred as subject goods hereinafter) originating in or exported from the subject countries and classified under Customs Sub-heading 2825.1003 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.

2. Domestic Industry Standing: The petition has been filed by the M/s Deepak Nitrite Limited, Baroda. The petitioner is the sole producer of Hydroxyl Amine Sulphate in India and, therefore, the petitioner satisfies the standing to file the petition on behalf of the domestic industry.

3. Country(ies) involved: As petitioner has provided specific prima facie evidence in case of USA, Japan and Germany, UK and Netherlands and claimed that member countries of European Union are having common customs territory and there are no custom barriers therefore petitioner’s request to initiate investigations against European Union cumulatively has been accepted by the Designated Authority. Hence the country(ies) involved for alleged dumping of Hydroxyl Amine Sulphate are USA, Japan and EU(herein referred to as subject countries).

4. Like Articles: The petitioner has claimed that goods produced by them are like articles to the goods produced, originating in or exported from the subject countries. Goods produced by the petitioner are being treated as like articles to the goods imported from the subject countries within the meaning of the Rules.

5. Normal Value: The petitioner has claimed normal value based on the constructed normal value of Hydroxyl Amine Sulphate in case of Japan and EU. In case of the USA, petitioner has submitted the price indicating the Chemical Market Reporters, a well recognised magazine in chemical industry in USA published since 1871. The price indicated of Hydroxyl Amine Sulphate in USA is US$1.00 per Ib(pound) which is equivalent to US$2204.63 per MT. The petitioner has claimed Germany, UK and Netherlands are part of European Union and having a common custom territory, the prices in the whole of the European are bound to be the same.

6. Export Price: The petitioner has claimed that Import Statistics are available through M/s Informat, Mumbai (secondary source) for the period Jan-Aug, 1999 as DGCI&S data is not available for such a latest period. Import statistics for the year 1997-98 and 1998-99 is based on DGCI&S. The petitioner has claimed adjustments on account of ocean freight, marine insurance, inland freight, port expenses and commission to arrive at the ex-factory price.

7. Dumping Margin: There is sufficient prima-facie evidence that the normal value of 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.

8. Injury and Causal Link: Various parameters relating to injury such as suppressed domestic price, decline in sales volume, increased stock, lost contracts and reduction in profitability etc. prima-facie indicate collectively and cumulatively that domestic industry has suffered material injury on account of dumping.

9. Initiation of Anti-Dumping Investigation: The Designated Authority, in views of the foregoing paragraph, 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.

10. Period of Investigation: The period of investigation for the purpose of present investigation is Ist July 1999 to 31^st December 1999.

11. Submission of Information: The exporters in the subject countries and the importers in India known to be concerned are being addressed separately to submit relevant information in the form and manner prescribed and to make their views known to the Designated Authority, Ministry of Commerce, Anti Dumping Division, Udyog Bhawan, 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.

12. Time Limit: Any information relating to the present investigations 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 letter addressed to them separately.

13. Inspection of Public File: 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.

14. 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.

(RATHI VINAY JHA)
DESIGNATED AUTHORITY