New Delhi, the 27^th August, 2002

No. 14/16/2002-DGAD- M/s Techtran Polylenses Limited, Hyderabad, a member of Indian Plastic Opthalmic Lenses Association (IPOLA), Karnataka has filed a petition on behalf of the Domestic Industry 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 Plastic Opthalmic Lenses from People’s Republic of China and Chinese Taipei (herein after referred to as subject countries) and requested for anti dumping investigations and levy of anti dumping duties. The petition is supported by Indian Plastic Opthalmic Lenses Association, whose other members are M/s Techtran Polylenses Limited, Hyderabad, M/s Indian Opthalmic Lenses Manufacturing Co. Pvt. Ltd, Karnataka and M/s Prakash Plastic Industries (Madras) Pvt. Ltd., Chennai.

1. Product involved: The product involved in the present petition is Plastic Opthalmic Lenses (also referred as subject goods hereinafter) originating in or exported from the subject countries and classified under Chapter 90 of the Custom Tariff Act (Custom Head 9001.50). Plastic Opthalmic Lenses are used in spectacles to correct eye vision of human beings. These lenses are in finished, uncut form, ready to mount in spectacle frames. The lenses are made out of Bis Allyl Di-carbonate, generically known as CR-39 with Refractive Index of 1.498 and Abbe number of 50 plus.

The product is manufactured by M/s Techtran Polylenses Limited, Hyderabad, M/s Indian Opthalmic Lenses Manufacturing Co. Pvt. Ltd, Karnataka and M/s Prakash Plastic Industries (Madras) Pvt. Ltd., Chennai.

The present investigation covers all types of Plastic Opthalmic Lenses. 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 Techtran Polylenses Limited, Hyderabad. M/s Indian Plastic Opthalmic Lenses Association (IPOLA), Karnataka comprising of M/s Techtran Polylenses Limited, Hyderabad, M/s Indian Opthalmic Lenses Manufacturing Co. Pvt. Ltd, Karnataka and M/s Prakash Plastic Industries (Madras) Pvt. Ltd., Chennai have supported the petition. The petitioner, therefore, satisfies the standing to file petition on behalf of the Domestic Industry as per Rule 5 (3) (a) and (b) and also represents the domestic industry as per Rule 2(b) of Anti Dumping Rules.

3. Country(ies) involved: The countries involved in present investigation is People’s Republic of China and Chinese Taipei (hereinafter 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 as they are substitutable with the domestic goods and are being used interchangeably. Accordingly, 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 2(d).

5. Normal Value: The petitioners have claimed Normal Value for China PR and Chinese Taipei based on the basis of cost of production data of the subject goods appropriately adjusted which has been considered by the Authority as a prima facie evidence for Normal Value of subject goods in PR China and Chinese Taipei in accordance with the Anti-Dumping Rules as amended.

6. Export Price: The petitioner has provided the CIF prices in China PR and Chinese Taipei for the period 1999-2000, 2000-2001 and I.4.2001 to 31.12.2002 on the basis of statistics published by Directorate General of Commercial Intelligence & Statistics (DGCI&S) and secondary source evidencing Custom’s data. The Authority has determined the ex-factory price on the basis of the export price as evidenced by the petitioner and adjusted appropriately with adjustments on account of ocean freight, marine insurance, inland freight and port expenses to arrive at the ex-factory export price.

7. Dumping Margin: The petitioner has submitted that there is sufficient prima-facie evidence that the normal value of the subject goods is 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: The Authority notes that the increase in alleged dumped imports in absolute terms from subject countries and price undercutting by the subject goods exported from the subject countries have prevented the petitioner to increase its market share, thereby prima-facie indicating that domestic industry has suffered material injury on account of alleged 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 country.

10. Period of Investigation: The period of investigation for the purpose of present investigation is 1^st April, 2001 to 31^st March, 2002.

11. Submission of Information: The exporters in the subject countries/territory 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 at the following address:-

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. Non-confidential summary: All interested parties must provide a non-confidential summary of any information provided on a confidential basis in terms of Anti-Dumping Rule 7(2). This information will be subject to acceptance in terms of Rules 7(1) and 7(2)

14. 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.

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.

(L.V. SAPTHARISHI)
DESIGNATED AUTHORITY

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