******
Dated
the,
INITIATION NOTIFICATION
Subject: Initiation of Anti-Dumping
investigations concerning imports of Poly Vinyl Chloride (PVC) – Suspension
Grade from
No.14/8/2006-DGAD. M/s Indian Petrochemicals Corporation Ltd.(IPCL), M/s.
Dhargandhra Chemical & Works(DCW), M/s. Chemplast Sanmar Ltd., (Chemplast) and M/s. DCM Shriram
Consolidated Ltd., have filed an application
through Strategic Law Group, New Delhi
before the Designated Authority (herein after referred to as the Authority) 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(herein after referred to as AD Rules) for initiation
of anti dumping investigation concerning alleged dumping of. Poly Vinyl
Chloride (PVC) – Suspension Grade from
AND WHEREAS, the
Authority finds that sufficient prima facie evidence of dumping from the
subject countries, injury to the domestic industry and causal links between the
dumping and injury exist, the Authority hereby initiates an investigation into
the alleged dumping, and consequent injury to the domestic industry in terms of
the Rules 5 of the said Rules, to determine the existence, degree and effect of
any alleged dumping and to recommend the amount of antidumping duty, which if
levied would be adequate to remove the injury to the domestic industry.
Domestic Industry:-
2. Application has been filed by M/s Indian
Petrochemicals Corporation Ltd.(IPCL), M/s. Dhargandhra Chemical & Works(DCW), M/s. Chemplast Sanmar Ltd., (Chemplast) and M/s. DCM Shriram
Consolidated Ltd. The application has been supported by M/s Reliance Industries
Ltd. As
per the evidence available before the Authority, applicant has the standing to
file the case for anti dumping investigation on behalf of domestic industry as
per Rule 2(b) and Rule 5(3)(a) of Anti Dumping Rules.
Product under consideration:-
3. The product under consideration is
“Poly Vinyl Chloride (PVC) – Suspension Grade” (herein after referred to as the
subject goods) which is being dumped in the Indian market by the exporters from
Taiwan, China PR, Indonesia, Japan, Korea RP, Malaysia, Thailand and USA (hereinafter referred to as subject countries). The
subject goods are classified within Customs subheading 3904.2110 of the Customs Tariff Act, 1975. The Custom classification is indicative only
and not binding on the scope of investigation.
Like articles:-
4 The applicant has claimed that the goods produced by
them are “like articles” to the goods originating in or exported from the
subject country. Poly Vinyl Chloride (PVC) – Suspension Grade produced by the
domestic industry and imported from subject countries are comparable,
technically and commercially substitutable in terms of characteristics such as
physical and chemical characteristics, manufacturing process and technology,
functions and uses, product specifications, pricing, distribution and marketing
of the goods. Therefore, for the
purpose of investigation the Poly Vinyl Chloride (PVC) – Suspension Grade
produced by the applicant is being treated as like articles to Poly
Vinyl Chloride (PVC) – Suspension Grade (hereinafter referred to as subject
goods) imported from subject countries within the meaning of the AD Rules.
Countries involved:-
5. The countries involved in the present
investigation are
Normal value:-
6. The Authority notes that the applicant
has claimed normal value of subject goods in subject countries based on constructed
cost of production with appropriate adjustments except
Export Price:-
7. The export price has been claimed on
the basis of import data provided by IBIS (International Business Information
System). Price adjustments have been claimed on account of Ocean
freight, marine insurance, port
handling and port charges and sales commission in the country of exports
to arrive at the net export price. There
is sufficient evidence of export price and the adjustments claimed by the
applicant for the subject goods from the subject countries.
Dumping margin:-
8. There is
sufficient evidence that the 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 the exporters from the
subject countries.
Initiation
of Anti Dumping Investigations:-
9. 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.
Injury and Causal Link:-
10. The applicant has furnished evidence
regarding the injury having taken place as a result of the alleged dumping in
the form of fall in their market share because of increased volume of dumped
imports, price underselling, lost sales and substantial decline in
profitability for the domestic industries.
There is sufficient prima-facie evidence of the material injury being
suffered by the applicant caused by dumped imports from subject country.
Period of investigation:-
11. The period of investigation (hereinafter
referred to as POI) for the purpose of present investigation is
Submission of information:-
12. The exporters and importers known to be
concerned and domestic industry are being informed separately to enable them to
file all information relevant in the form and manner prescribed. Any other party interested to participate in
the present investigation may write to:
The
Designated Authority
(Directorate
General of Anti-Dumping & Allied Duties)
Department
of Commerce
Room No. 240
Udyog Bhavan,
New Delhi-110011.
Time limit:-
13. Any information relating to this
investigation should be sent in writing so as to reach the Authority at the
above address not later than 40 days from the date of publication of this
notification. If no information is
received within the prescribed time limit or the information received is
incomplete, the Authority may record their findings on the basis of the facts
available on record in accordance with the Rules supra.
INSPECTION OF PUBLIC FILE:-
14. In terms of rule 6(7) any interested
party may inspect the public file containing non-confidential versions of the
evidence submitted by other interested parties.
15. All interested parties
shall provide a confidential and non-confidential summary in terms of Rule 7
(2), for the confidential information provided as per Rule 7 (1) of the Rules
supra.
16. In case any interested party refuses
access to and 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 Governments as deemed fit.
(Christy Fernandez)