GOVERNMENT OF INDIA
MINISTRY OF COMMERCE & INDUSTRY
DEPARTMENT OF COMMERCE
New Delhi: the 22nd November, 2001.
INITIATION NOTIFICATION
Subject: - Initiation of Anti-Dumping investigation concerning import of Pentaerythritol from Canada, Japan and Taiwan.
No.48/1/2001-DGAD-M/s Kanoria Chemicals & Industries Limited,Indra Prakash, 21, Barakhamba Road, New Delhi-110001 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 Pentaerythritol from Canada, Japan & Taiwan and requested for Anti Dumping investigations and levy of anti dumping duties.
1. PRODUCT INVOLVED:
The product involved in the present petition is Pentaerythritol (also referred as ‘Penta’ or ’ subject goods ’ hereinafter) originating in or exported from Canada, Japan & Taiwan (hereinafter also referred as subject countries) Present investigation covers all forms of Pentaerythritol
Pentaerythritol is classified under Customs sub heading No. 29054200 under Chapter 29 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 M/s Kanoria Chemicals & Industries Limited,. There are other Domestic Manufacturers of Pentaerythritol in India viz. M/s Prestrop Ageies Chemicals Ltd, M/s Asian Paints (I) Ltd, M/s Allied Resins Ltd etc.
The petitioner company represents more than 25% of the production of subject goods and has the standing to file the petition.
3. COUNTRY(IES) INVOLVED:
The countries involved in the present investigation are Canada, Japan & Taiwan.
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 Pentaerythritol in case of subject countries.
6. EXPORT PRICE
The petitioner has claimed the Export Price of subject goods based on information furnished by DGCI&S, Calcutta for the period April, 2000 to January, 2001. Adjustments have been claimed on account of Ocean Freight, Marine Insurance, Commission, Inland Transportation & Insurance and Clearing & Forwarding Charges to arrive at the Ex-factory price.
7.DUMPING MARGIN
There is sufficient prima-facie evidence that Normal Value of subject goods in the subject countries is significantly higher than the price at which it has been exported to India indicating prima-facie that subject goods are being dumped by exporters from subject countries.
8. INJURY AND CAUSAL LINK:
Various parameters relating to injury such as the decline in export price, decline in the sales realization, decline in profitability of Domestic Industry and failure of Domestic Industry to realise fair and reasonable price from sale of subject goods, 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 view 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 (POI): The period of investigation for the purpose of present investigation is 1st April, 2000 to 31st March, 2001(12 Months).
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 & Industry, Department of Commerce, Directorate General of Anti Dumping and Allied Duties (DGAD), 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 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 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.
(L.V. SAPTHARISHI)
DESIGNATED AUTHORITY