Government of India
Ministry of Commerce & Industry
(Department of Commerce)
(DIRECTORATE GENERAL OF ANTI-DUMPING AND ALLIED DUTIES)
New Delhi, the October 5, 2005.
Initiation Notification (Sunset Review)
Subject: Initiation of Sunset Review regarding anti-dumping duty imposed on Sodium Hydrosulphite originating in or exported from China PR.
No. 15/16/2005-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 Sodium Hydrosulphite (hereinafter referred to as subject goods) originating in or exported from China PR (referred to as subject country) falling under Sub-heading 283110 and 283210. The preliminary findings were published vide Notification No 39/1/2000-DGAD dated 2/1/2001and provisional duty was imposed on the subject goods vide Customs notification No. 28/2001-Customs dated 12th March 2001. The Designated Authority came out with final findings on 13th September 2001 vide notification no 39/1/2000-DGAD and definitive anti dumping duty was imposed by Customs as per notification No. 114/2001-Customs dated 2nd November 2001.
2. Product under Consideration
The product under consideration is Sodium hydrosulphite (Chemical formula (Na2S2O4) (referred to as subject goods hereinafter) originating in or exporter from China PR. Sodium Hydrosulphite is a white or grayish white crystalline powder, free from visible foreign particles with pungent odour. Sodium Hydrosulphite is widely used in diverse industrial sectors like Textiles, Soap, Molasses, Glue and reducing agent, disulphide of Metal ions to Metals, linkage in wool hair etc. Present investigation being a review investigation, product under consideration remains the same as has been defined in the original investigation and there has been no significant development in the product during the period thereafter. Sodium Hydrosulphite is classified under custom sub-heading 28321020 and 28311010 of Schedule 1 of the customs Tariff Act, 1975. However, the applicants have claimed that the subject goods are being imported under other customs subheads pertaining to chapter 28 and 29. The classification is, however, indicative and in no way binding on the scope of the present investigations.
3. Initiation
The Customs Tariff (Amendment) Act 1995 and the rules made there under require the Authority to review from time to time the need for continuance of anti dumping duty. The Designated Authority considers that the sunset review of the Anti-Dumping Duty recommended would be appropriate at this stage under the provision of section 9A (5) of the Customs Tariff (Amendment) Act, 1995 as amended. M/s. Demosha Chemicals Pvt Ltd, Mumbai and M/s Tanspek-Silox Industry Ltd, Vadodara, Gujarat have jointly 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 have requested to continuation of the anti-dumping duty imposed on subject goods under the above mentioned notifications for a further period of 5 years.
4. Countries Involved:
The countries involved in the present investigations are China PR (referred to as subject country hereinafter).
5. Procedure
Having decided to review the final findings notified vide No. 39/1/2000 -DGAD dated 13th September 2001 and final duty imposed by Notification No 114/2001-Customs dated 2nd November 2001, 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 Sodium Hydrosulphite originating in or exported from subject country, 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.39/1/2000-DGAD dated 13th September 2001. M/s Transpek-Silox Industry Ltd, Vadodara, Gujarat and M/s Demosha Chemicals Pvt, Mumbai represented domestic industry in the original investigations. In the sunset review M/s Transpek-Silox Industry and M/s Demosha Chemicals Pvt. Ltd. jointly constitute applicants in the present investigation. The Authority proposes to consider the applicants who constitute 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 for the purpose of the present review is 1st April 2004 to 31st March 2005 (12 months).
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)
DESIGNATED AUTHORITY