Government of India
Ministry of Commerce & Industry
(Department of Commerce)
DIRECTORATE GENERAL OF ANTI-DUMPING AND ALLIED DUTIES
New Delhi, the December 6, 2006
Initiation Notification (Sunset Review)
Subject: Initiation of Sunset Review regarding anti-dumping duty imposed on D (-) Para Hydroxy Phenyl Glycine Base (PHPG Base) originating in or exported from China PR and Singapore.
No. 15/31/2006-DGAD - The Designated Authority, having regard to the Customs Tariff Act, 1975 as amended in 1995 and the Customs Tariff (Identification, Assessment and Collection of Duty or Additional Duty on Dumped Articles and for Determination of Injury) Rules, 1995, recommended imposition of provisional Anti Dumping duty on imports of PHPG Base falling under sub-heading 2942 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) originating in or exported from China PR and Singapore (also referred to as subject countries). The preliminary findings were published vide Notification No 51/1/2001-DGAD dated 31st December 2001 and provisional duty was imposed on the subject goods vide Customs notification No. 18/2002-Customs dated 15th February 2002. The Designated Authority came out with final findings on 20th September 2002 vide notification no 51/1/2001-DGAD and definitive anti dumping duty was imposed by Customs as per notification No. 122/2002-Customs dated 31st October 2002. Further, the anti dumping duties against Singapore were modified vide Customs notification no 100/2006 dated 29th September 2006 following the mid term review against Singapore vide notification no 15/14/2005-DGAD dated 21st September 2005.
2. Grounds for review and initiation
The present application has been filed by M/s Daurala Organics, a unit of M/s DCM Shriram Industries Ltd, New Delhi. It has been claimed by the applicant that they are the only producer of the subject goods in India and hence account for 100% of the domestic production. The Designated Authority held the same in the original investigation and the subsequent mid term review carried out against Singapore. As a response to the alert letter, M/s Daurala Organics, a unit of M/s DCM Shriram Industries Ltd, New Delhi has filed an application substantiating the need for review of the antidumping duty imposed on the subject goods originating in or exported from China PR and Singapore. In their application, the petitioner has claimed with prima facie evidence that cessation of anti dumping duty imposed on subject goods from subject countries is likely to lead to continuation or recurrence of dumping and injury and have requested to continuation and enhancement of the anti-dumping duty imposed on subject goods under the above mentioned notifications for a further period of 5 years.
On the basis of the examination of the duly substantiated application, the Designated Authority considers that the sunset review of the Anti-Dumping Duty imposed would be appropriate at this stage under the provision of section 9A (5) of the Customs Tariff (Amendment) Act, 1995 as amended.
3. Product under Consideration
The Product Under Consideration in the present investigation is D (-) Para Hydroxy Phenyl Glycine Base (PHPG Base) (hereinafter also referred to as subject goods) originating in or exported from China PR and Singapore. The same is also known as
: D (-) ALPHA PARA HYDROXY PHENYL GLYCINE
: D (-) ALPHA PARA HYDROXY PHENYL GLYCINE BASE
: D (-) PARA HYDROXY PHENYL GLYCINE
: PARA HYDROXY PHENYL GLYCINE BASE
: PARA HYDROXY PHENYL GLYCINE
: D (-) P – HYDROXY PHENYL GLYCINE BASE
: D (-) P – HYDROXY PHENYL GLYCINE
As per Indian Trade Classification (based on harmonized Commodity Description and Coding System) PHPG Base is classified in others category i.e., in 2942.00. The classification is, however, indicative and in no way binding on the scope of the present investigations.
Since, the present investigation is a review investigation, product under consideration remains the same as has been defined in the original investigation, as there has been no significant development in the product during the period thereafter.
4. Countries Involved:
The countries involved in the present investigations are China PR and Singapore (also referred to as subject countries hereinafter).
5. Procedure
Having decided to review the final findings notified vide No. 51/1/2001-DGAD dated 20th September, 2002 and final duty imposed by notification no 122/2002-Customs dated 31st October, 2002, as well as mid term review carried out the Designated Authority vide Notification number 15/14/2005-DGAD dated 4th August, 2006 and anti dumping duties modified vide customs notification 100/2006 dated 29th September, 2006, the Authority hereby initiates investigations to review whether cessation of antidumping duty is likely to lead to continuation or recurrence of dumping and injury on imports of PHPG Base originating in or exported from subject countries, in accordance with the Customs Tariff (Amendment) Act, 1995 and the Customs Tariff (Identification, Assessment & Collection of Anti Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995.
The review covers all aspects of Notification No.51/1/2001-DGAD dated 20th September 2002 (Final findings of the original investigations) and subsequent mid term review carried out by the Authority vide Notification number 15/14/2005-DGAD dated 4th August 2006(subsequent review investigations). The Authority proposes to consider M/s DCM Shriram Industries Ltd, unit; Daurala organics, Daurala who constitutes the major proportion of the production of the subject goods in India to represent the domestic industry in accordance with the Rules supra.
6. Period of Investigation
The period of investigation (POI) for the purpose of the present review is 1st July 2005 to 30th June 2006 (12 months). The period of injury examination would however include POI and three years prior to the POI i.e. from 1st April 2003 to the end of POI (i.e. AM 2004, AM 2005, AM 2006 and POI.
7. Submission of Information:
The exporters in subject country, their government through their Embassy/High Commission in India, the importers and users in India known to be concerned and the domestic industry are being addressed separately to submit relevant information in the form and manner prescribed and to make their views known to the:
The Designated Authority, Ministry of Commerce & Industry, Department of Commerce, Directorate General of Anti-Dumping & Allied Duties, (DGAD), Room No. 240, 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.
8. Time Limit
Any information relating to the present review and any request for hearing should be sent in writing so as to reach the Authority at the address mentioned above not later than forty days (40 Days) from the date of publication of this review notification. If no information is received within the prescribed time limit or the information received is incomplete, the Designated Authority may record its findings on the basis of the facts available on record in accordance with the Rules supra.
9. Inspection of Public File:
In terms of Rules 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.
(Christy L. Fernandez)
ADDITIONAL SECREATARY & DESIGNATED AUTHORITY