62/1/2000-DGAD
Government of India
Department of Commerce
Ministry of Commerce & Industry
Directorate General of Anti-Dumping & Allied Duties

M/s Transpek Industries Ltd., Baroda and M/s Demosha Chemicals Limited, Mumbai have filed a petition, on behalf of the domestic industry, in accordance with the customs Tariff (Amendment) Act, 1995 and Customs Tariff (Identification, Assessment and Collection of Anti-dumping duty on dumped articles and for determination of duty) Rules, 1995 before the Designated Authority (hereinafter referred to as the Authority) alleging dumping of Zinc Oxide from PR China (herein referred to as subject country) and have requested for Anti-Dumping investigation and levy of Anti-Dumping duties.

2. Domestic industry standing: The petition has been filed by M/s Transpek Industries Ltd. and M/s Demosha Chemicals Ltd. having registered offices at Kalali Road, Atladra Road, Vadodara, Gujarat and 105A, Mittal Towers, 210, Nariman Point, Mumbai-400021 respectively. The petitioners account for a major proportion of the domestic production of Zinc Oxide in the country. Therefore, the petitioners satisfy the standing to file the petition on behalf of the domestic industry as per Rule 5(a) and (b) and Rule 2 (b).

3. Product involved: The product involved in the present investigation is Zinc Oxide (herein referred to as subject goods), originating in or exported from the subject country and classified under Customs Sub-heading 2817.0001 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.

4. Countries involved: The petitioner has alleged dumping of Zinc Oxide from PR China (herein referred to as subject country).

5. Like articles: The petitioner has claimed that the goods produced by them and as classified by Custom Tariff under head 2817.0001 have no substitute and are technically and commercially substitutable with the goods imported from PR China and, therefore, be treated as like articles to the goods imported from the subject countries within the meaning of the Rules.

6. Normal value: The normal value has been referenced on the basis of the constructed cost of production with appropriate adjustments for the subject country.

7. Export Price: The petitioner has claimed Export price based on secondary sources, which provide information on export price of subject goods to India. The same has been reconciled with the data provided by DGCI&S and also appropriate adjustments have been considered to evaluate the ex-factory export price of the subject goods in the subject country.

8. Dumping margin: There is sufficient prima-facie evidence that the normal value of the subject goods in the subject countries is significantly 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 country.

9. Injury: Various parameters relating to injury such as price undercutting by dumped imports, financial losses due to depressed prices despite stable demand, prima-facie collectively and cumulatively indicate that the domestic industry has suffered material injury on account of dumping from subject country.

10. Initiation of Anti-Dumping investigation: The authority in view of the foregoing paragraphs initiates anti-dumping investigation into the existence, degree and effect of alleged dumping of the subject goods originating in or exported from the subject countries.

11. Period of investigation: The period of investigation for the purpose of present investigation is 1.4.99 to 30.9.2000.

12. Submission of information: The exporters in the said country and importers in India known to be concerned are being addressed separately to submit relevant information in the form and manner prescribed and make their views known to:-

The Designated Authority
Government of India
Ministry of Commerce & Industry
Department of Commerce
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.

13. 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 40 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 40 days from the date of letter addressed to them separately.

14. All parties must provide a non-confidential summary of any information provided on a confidential basis in terms of Anti-Dumping Rule 7(2). Please, however, note that such information will be subject to acceptance in terms of Anti-Dumping Rule 7(1) and 7(2).

15. 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 after expiry of time limits set.

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.