MINISTRY OF COMMERCE & INDUSTRY
DEPARTMENT OF COMMERCE
(DIRECTORATE GENERAL OF ANTI-DUMPING & ALLIED DUTIES)
NOTIFICATION
NEW DELHI, the 23rd May 2003
PRELIMINARY FINDINGS
Sub: Anti-Dumping Investigation concerning imports of Green Veneer Tape into India originating in or exported from Chinese Taipei.
No.14/50/2002-DGAD - Having regard to the Customs Tariff Act 1975 as amended in 1995 and the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, thereof:
A. PROCEDURE
xi. A questionnaire was sent to the following known importers/user associations of the subject goods for necessary information in accordance with Rule 6(4):
xii. Response/information to the questionnaire/notification was filed by the following exporters/producers by 17.3.2003,
1. M/s. Chiuer Jiuey Enterprise Co., Ltd.,
xiii) Response/information to the questionnaire/notification was filed by the following Importers/user/Associations 17.3.2003:-
1. M/s Waterproof Corporation Pvt. Ltd., Mumbai
xv) The Authority kept available non-confidential version of the evidence presented by various interested parties in the form of a public file maintained by the Authority and kept open for inspection by the interested parties as per Rule 6(7).
xvi) Cost investigation was also conducted to work out optimum cost of production and cost to make and sell the subject goods in India on the basis of Generally Accepted Accounting Principles (GAAP) and the information furnished by the petitioner. The cost data of the following domestic producers was provided and analysed:--
1. M/s. Waterproof Corporation Pvt. Ltd., Mumbai
xvii) Additional information regarding injury was sought from the petitioner, which were furnished;
xx) Copies of Initiation Notification were also sent to FICCI, CII, ASSOCHAM, etc for wider circulation
B . VIEWS OF EXPORTERS, IMPORTERS AND OTHER INTERESTED PARTIES
1. PETITIONERS VIEWS
i) The product under consideration is Green Veneer Tape (Also referred to as subject goods hereinafter). It is also known as gummed paper reels mainly imported in jumbo rolls. It is used as a production aid in the manufacture of veneer sheets from logs and also used for edge bending while peeling the logs.
ii) The petition has been filed by M/s. Waterproof Corporation Pvt. Ltd., Mumbai on behalf of the domestic industry. This petitioner company represents 100% of the production of the subject goods under consideration.
iii) Green Veneer Tape produced by the domestic industry and imports from subject country is comparable in terms of characteristic such as physical and chemical characteristics, manufacturing process and technology, functions and uses, product specification, pricing, distribution and marketing, and tariff classification of the goods. The two are technically and commercially substitutable and used interchangeably.
iv) The petitioners have not been able to get any reasonable and authentic evidence with regard to the prices of the Green Veneer Tape in the subject country or price list of the exporters either for sale in their domestic market or for export to the countries other than India.
v) The Normal Value has been constructed on the basis of estimated cost of production of the subject goods, duly adjusted to include selling, general and administrative expenses and a reasonable profit margin for Taiwan.
vi) Market share of domestic industry in comparison to the total demand in the country have also decreased from 37.56% in 2000-2001 to 32.05% during the period of investigation.
vii) The import from the subject country during the period of investigation in comparison to the previous year have increased substantially from 24.36% in 2000-2001 to 209.69% during the period of investigation.
viii) Imports from the subject country in comparison to the total demand in the country have also increased from 62.44% in 2000-2001 to 67.95% during the period of investigation.
ix) The fact that 2384640 Sq. Mt. of dumped imports arrived into India during period of investigation is adequate evidence that it lost potential customers.
x) The production by the petitioners in quantitative terms went up during the period of investigation over the preceding financial year. But it may be observed that despite increased production in quantitative terms there has been more than 63% of production capacity which remained unutilized during the period of investigation.
xi) The volume of sales by the petitioners went up during the period of investigation over the preceding financial year. It will be observed that the industry is not realizing the price in the period of investigation as against the price in 2000-2001. Because of the pressure on prices from imports from subject country, the domestic industry is not able to realize a fair price or a reasonable rate of return.
xii) The inventories of the petitioners have increased from 41730Sq. Mt at the end of March 2001 to 64748 Sq. Mt. as on 31.03.2002, which is very high being about 5.64% of production of the petitioners.
xiii) There has been no increase in the employment of the petitioner during the previous two years.
xiv) No impact on wages as they are determined according to the provisions of Labour Laws. The wages cannot be changed according to the financial health of the petitioner companies.
xv) To retain its market share, the domestic industry had no option but to reduce its price to unremunerative levels.
xvi) The industry is operating at a loss and thus the domestic industry has not been able to earn any return on its investments.
xvii) The landed value of the product under consideration from Taiwan is much lower than the prices the domestic industry ought to have realized on the sales of the subject goods. The injurious effect of this high level of price underselling had had a direct and deleterious effect on the financial performance of the domestic industry.
xviii) The effect of the injury to the domestic industry due to dumped imports is further accentuated by the fact that not only the subject goods are being undersold, the exporters from the subject countries are also indulging in price undercutting. The landed value (i.e., the CIF price plus customs duty) of the dumped imports has been much below the selling price of the domestic industry during the period of investigation. Thus there is a constant pressure on the domestic industry to bring down their prices lower than even the current prices.
xix) The negative returns in the industry due to continued dumped imports, the domestic industry is not in a position to grow in the national interest despite the fact that there is surplus available capacity to meet the domestic demand
xx) In addition to the material injury, which is already inflicted on domestic industry, the imports are causing threat of injury to the domestic industry. This is evident from the very significant price undercutting to the extent of as high as 49.45%. Significant price cutting, coupled with very large disposable capacities with the producers in this country is a clear evident of threat of injury to the domestic industry from these dumped imports.
"A determination of a threat of material injury shall be based on facts and not merely on allegation, conjecture or remote possibility. The change in circumstances, which would create a situation in which the dumping would cause injury, must be clearly foreseen and imminenet. In making a determination regarding the existence of a threat of material injury, the Designated Authority shall consider, inter alia, such factors and;
xxi) In the instant case imports of Green Veneer Tape have suddenly shot up and are likely to increase further in case the present trend of price undercutting continues. The subject country has sufficient freely disposable capacities. Price undercutting has a tremendous impact on the Green Veneer Tape market, as the domestic industry is compelled to match the quoted prices to retain its market share.
xxii) It is evident from the above that there is sufficient evidence of dumping of the subject product from Chinese Taipei which has already caused material injury to the domestic industry and which continues to be a threat of material injury to the domestic industry.
2. IMPORTER/USERS VIEW
M/s. Ratanwood Pvt. Ltd.,
M/s. Landmark Veneer Pvt. Ltd., Gandhidham
M/s. Supreme Wood Products Pvt. Ltd., Kolkata
M/s. Tirupati Veneers Pvt. Ltd., Visakhapatnam
M/s. Binikom Products Pvt. Ltd., Kolkata
M/s. Aakash Veneers Pvt. Ltd., Mumbai
M/s. Gunny Commercial Co., Kolkata
THE ALL INDIA ASSOCIATION OF INDUSTRIES
M/s. Kitply Industries Ltd., Kolkata
M/s. Century Ply boards (India) Limited, Kolkata
3. EXPORTERS VIEWS
The Authority sent questionnaires to all the known exporters for the purpose of determination of normal value in accordance with Section 9 A (1) (C). M/s. Chieur Jiuey Enterprise Company Ltd., Taiwan have responded to the exporters questionnaire.
M/s. Chiuer Jiueu Enterprise Co., Ltd.,
vii) The Indian market accepts B grade tapes. Face Veneers in India (Face Veneers are very thin sheets of freshly peeled wood on which Green Veneer Tapes are applied) are peeled with extremely labour intensive, low productive rotary peeling machines capable of producing extremely thin sheets of veneers of a width of 0.38mm, this is the general accepted thickness in India where Tapes are applied. In other parts of the world where we sell tapes Grade A tapes, Face Veneer are produced having a thickness ranging between 0.70 mm to 0.85mm. In view of the lower width of veneers in India, the tapes sold to suit Indian Veneer Manufacturers in India do not have to be of a very High Quality as it has to withstand the tear of a much lower weight of wood in comparison to other countries. The grade A tapes stick on all types of veneers, that is veneers having very low resin/moisture content such as of African Origin "Okume" quality wood as well as adequate to high resin Keriung Type Wood. As againt this, the grade B tapes are suitable to stick on adequate to High resin Keriung type wood only which are generally used in India.
viii) The sales in the export market in India are against Letters of Credit. The sales in home market are made on credit basis of 2 to 3 months. Cash discounts are offered to customers who make advance or immediate payment for the material. The sales to India are on a CIF basis. In the domestic market also the sales price is inclusive of freight and insurance charges. Export sales to other countries are also made on a CIF basis.
C. EXAMINATION BY AUTHORITY
i) The foregoing submissions made by the exporter and the petitioner, to the extent these are relevant as per Rules and have a bearing upon the case, have been examined, considered and dealt with at appropriate places in these findings.
ii) The exporters willing to give price undertaking shall be considered, on request by the Authority in accordance with the Rules Supra.
iii) The Exporters/manufacturers who have not exported to India during the period of investigation may apply for review as new exporters under Rule 22 of Anti Dumping Rules supra as and when they export to India.
"like article means an article which is identical or like in all respect to the article under investigation for being dumped in India or in the absence of such an article, another article which although not alike in all respects has characteristics closely resembling those of the articles under investigation."
viii) Therefore there is no significant difference in Green Veneer Tape produced by the Indian industry and Green Veneer Tape exported from Chinese Taipei. Green Veneer Tape produced by the Indian industry and imported from Chinese Taipei, are comparable in terms of characteristics such as physical & chemical characteristics, manufacturing process & technology, functions & uses, product specifications, distribution & marketing and tariff classification of the goods. The two are technically and commercially substitutable. The consumers have used the two interchangeably. Green Veneer Tape produced by the petitioner and imported from Chinese Taipei should be treated as like articles in accordance with the anti dumping Rules. The technology adopted by the Indian industry is comparable with the technology adopted by the manufacturers of Green Veneer Tape from Chinese Taipei.
ix) The Authority in view of the submissions made by the petitioner and other interested parties thereby keeping in view of substitutability and interchangbely by the same consumers of the subject goods, exported from subject country and those produced by the domestic industry, considers the subject goods exported and domestically produced subject goods as like article as per Rule 2 (d) for the purpose of preliminary determination. The Authority keeping in view of petitioners, importers, exporters, the aspect relating to like article, dumping, injury, causal link may be examined in greater detail for the purpose of final finding.
Therefore, the Authority notes that the investigation covers all grades of Green Veneer Tapes as product under consideration.
2. DOMESTIC INDUSTRY
i) The petition has been filed by M/s. Waterproof Corporation Pvt.. Ltd., on behalf of the domestic industry. The petitioner claims that the petitioner company represents 100% of the production of the subject goods under consideration. As per the evidence available petitioner has the standing to file the case for anti dumping investigation on behalf of domestic industry as per rule 5 of Anti Dumping Rules.
ii) The Authority also notes that the petitioner constitutes more than 50% of the total domestic production and therefore have the standing to file the petition on behalf of the domestic industry as per Rule 5 (3) (a) and (b) of the Anti-Dumping Rules and also represent Domestic Industry in terms of Rule 2(b)
3. NORMAL VALUE & EXPORT PRICE
Under Section 9A(1)(c), normal value in relation to an article means:
i) The comparable price, in the ordinary course of trade, for the like article when meant for consumption in the exporting country or territory as determined in accordance with the rules made under sub-section (6); or
ii) When there are no sales of the like article in the ordinary course of trade in the domestic market of the exporting country or territory, or when because of the particular market situation or low volume of the sales in the domestic market of the exporting country or territory, such sales do not permit a proper comparison, the normal value shall be either:-
(a) Comparable representative price of the like article when exported from the exporting country or territory or an appropriate third country as determined in accordance with the rules made under sub-section (6); or
(b) The cost of production of the said article in the country of origin along with reasonable addition for administrative, selling and general costs, and for profits, as determined in accordance with the rules made under sub-section(6);
Provided that in the case of import of the article from a country other than the country of origin and where the article has been merely transshipped through the country of export or such article is not produced in the country of export or there is no comparable price in the country of export, the normal value shall be determined with reference to its price in the country of origin.
The normal value and ex-factory export price determination is illustrated below.
M/s. Chiuer Jiuey Enterprise Co., Ltd., Chinese Taipei
Normal Value
i) The Authority sent questionnaires to all the known exporters for the purpose of determination of normal value in accordance with Section 9 A (1) (C). M/s. Chiuer Jiuey Enterprise Co., Ltd., responded to the questionnaire giving information relating to exports. The exporter has stated that there is neither domestic sales of Grade B coated paper in economic size nor exports of this grade of coated paper to third countries. The cost of production of both Grades A Green Veneer Tape and Grade B Coated papers have been furnished in Appendix 8,9, & 10. As there is no domestic sales of like product in their home market or export to the third countries, the normal value shall be determined on the basis of cost of production information made available in exporters questionnaire for Grade B Coated papers. On examination of the cost of production of coated papers, it is found grossly deficient as the cost of labour and utilities have been shown as more than 3000% difference between Grade A and Grade B for Green Veneer Tape which have not been substantiated with the supporting documents. The depreciation cost for these two grades have been shown as more than 1000% whereas, company has been established in 1994 and the figures are not been substantiated with argument and supporting documents.
ii) The trading and profit and loss accounts, balance sheets for the current year and previous two financial years showing the determination of gross profit, details of selling and administrative and other costs and net profits are required to be submitted..
iii) In Appendix 7, in addition to detailed information for the Grade B coated paper for the POI along with the preceding two years, it is desired to furnish information for the other products also.
iv) As the company is manufacturing other products in addition to the products being investigated, detail explanation with basis of allocation of cost like utilities and all elements of overheads needs to be furnished. These expenses should be verifiable from the Profit and Loss Account quarter wise information relating to cost of production for comparison with the quarter wise sales information.
v) In view of the inadequate response filed by the exporter, the Authority has decided not to take into account information furnished by the exporter and relied on the facts available as per Rule 6 (8) Supra. Therefore the information available on the estimated cost of production in the country of origin plus selling, administrative and general expenses and a reasonable amount of profit after making reasonable adjustments has been taken as the basis for working out normal value of the subject goods in Chinese Taipei.
vi) The normal value therefore referenced as ****$/Sq. Mt. for M/s. Chiuer Jiuey Enterprise Co., Ltd., for the preliminary determination.
Export Price
The Authority has considered the information regarding the export price furnished by the exporter in Appendix 2. The exporter has claimed adjustment on account of packing, overseas freight, overseas insurance, and shipping charges which have been allowed. The Authority has accepted these adjustments for the purpose of preliminary determination for calculating the net export price at ex-factory level from Chinese Taipei to India for M/s. Chiuer Jiuey Enterprise Co., Ltd., subject to further examination and verification.
The ex-factory export price is referenced as ****Rs/Sq.mt. for the purpose of preliminary determination pending final determination.
Other Exporters/Producers
NORMAL VALUE
i) None of the exporters/producers from Chinese Taipei except M/s. Chiuer Jiuey Enterprise Co., Ltd has cooperated and responded to the exporters questionnaire. The Authority in view of non-cooperation has been constrained to construct the normal value for all other producers/exporters of Chinese Taipei on the basis of best available information in accordance with Rule 6 (8) of anti dumping Rules.
ii) Based on the above, the Authority has determined the constructed Normal Value for Chinese Taipei as ****Rs./Sq.mt. for the purpose of preliminary determination pending final determination.
B. EXPORT PRICE
i) The Authority notes that the export price has been determined on the basis of the data from DGCI&S Kolkata . The adjustment on account of packing, overseas freight, overseas insurance, and shipping charges, which have been allowed to arrive at net, export price for non-cooperative exporters/producers from Chinese Taipei.
ii) The ex-factory export price is referenced as ****Rs/Sq.m. for the purpose of preliminary determination pending final determination.
4. DUMPING- Comparision of Normal Value & Export Price
The rules relating to comparison provides as follows:
"While arriving at margin of dumping, the Designated Authority shall make a fair comparison between the export price and the normal value. The comparison shall be made at the same level of trade, normally at ex-works level, and in respect of sales made at as nearly possible the same time. Due allowance shall be made in each case, on its merits, for differences which affect price comparability, including differences in conditions and terms of sale, taxation, levels of trade, quantities, physical characteristics, and any other differences which are demonstrated to affect price comparability."
The authority has compared the weighted average normal value with the weighted average ex-factory export price in Period of Investigation, for evaluation of the dumping margin for all the exporter/producers in the subject country.
The dumping margin for exporter/producers comes as under:
Country |
Normal Value (NV) (Rs/Sq. M) |
Export Price (EP) Rs/Sq. M |
Dumping Margin as % of EP |
M/s. Chiuer Jiuey Enterprise Co. Ltd Chinese Taipei |
**** |
**** |
164% |
All other exporter/producers of Chinese Taipei |
**** |
**** |
171% |
5. INJURY AND CAUSAL LINK
Under Rule 11 supra, Annexure-II, when a finding of injury is arrived at, such finding shall involve determination of the injury to the domestic industry, " ..taking into account all relevant facts, including the volume of dumped imports, their effect on prices in the domestic market for like articles and the consequent effect of such imports on domestic producers of such articles ." In considering the effect of the dumped imports on prices, it is considered necessary to examine whether there has been a significant price undercutting by the dumped imports as compared with the price of the like article in India, or whether the effect of such imports is otherwise to depress prices to a significant degree or prevent price increases, which otherwise would have occurred, to a significant degree.
ii) For the examination of the impact of the dumped imports on the domestic industry in India, we may consider such indices having a bearing on the state of the industry as production, capacity utilisation, sales quantum, stock, profitability, net sales realisation, the magnitude and margin of dumping, etc. in accordance with Annexure II(iv) of the rules supra.
iii) The Authority examined the following economic parameters in the case of domestic producers,
Changes in Market Share held by the Indian Producers.
Year |
Domestic Sales (Sq. M) |
Total Demand (Sq. M) |
% share |
1999-00 |
**** |
**** |
23.71 |
2000-01 |
**** |
**** |
32.08% |
2001-02 |
**** |
**** |
27.72% |
Volume and market share of dumped imports
i) Regarding the quantum of imports, the Authority has considered the statistics of imports of subject goods published by the Director General of Commercial Intelligence and statistics (DGCI&S), Kolkata. Therefore the Authority has relied upon the DGCI&S data for analyzing the import trend from the subject country and injury caused to the domestic industry on this account.
ii) It is seen from the following table that the imports from the subject country during the POI in comparison to the previous year have increased substantially from 12.16% in 2000-2001 to 203.13% during the POI. It is evident that during the POI (April 2001 March 2002) 2941920 Sq. Mt. of Green Veneer Tape were exported by Chinese Taipei compared to 1448280 Sq.Mt during 2000-2001. The imports of Green Veneer Tape have increased significantly in absolute terms. The Authority notes that there is a significant increase in imports of Green Veneer Tape from the subject country.
Year |
Imports from Subject Country (Sq. M) |
% Change |
1999-2000 |
1648800 |
|
2000-2001 |
1448280 |
-12.16% |
2001-2002 |
2941920 |
203.13% |
Market Share & Capacity Utilization
i) It may be seen that the production of the domestic industry in quantitative terms went up during the POI over the preceding finance year but it may be observed from the following table that despite increased production in quantitative terms there has been a more than 63% of production capacity remained unutilized during the POI. The production has increased during the POI due to the increase in demand.. The domestic sale is showing a increasing trend due to the increase in demand in 2001-2002 compared to 2000-2001, but the industry had to sale their product at unremunerative price to compete with the dumped import.
Year |
Capacity Utilization (%) |
Domestic Industry Market Share (%) |
Unutilized Production capacity (%) |
1999-00 |
18.04 |
23.71 |
81.96 |
2000-01 |
21.10 |
32.08 |
78.90 |
2001-02 |
36.74 |
27.74 |
63.26 |
Year |
Demand |
Sales |
1999-2000 |
100 |
100 |
2000-2001 |
134 |
90 |
2001-2002 |
220 |
174 |
(Indexed figure)
ii) The volume of sales of the domestic industry went up during the POI over the preceding financial year. It is also observed that the industry is not realizing the price in the POI as against the price in 2000-2001. Because of the pressure on prices from imports from subject country, the domestic industry is not able to realize a fair price or a reasonable rate of return. The selling price has decreased in the investigation period as compared to the previous year. The Authority notes that loss per unit has also decreased in the investigation period and still dumped imports have prevented the domestic industry from effecting legitimate price increase to realise a reasonable price.
Year |
Sales Volume (Sq.M) |
Sales Value (Rs.) |
Unit Price (Rs./M) |
1999-2000 |
**** |
**** |
**** |
2000-2001 |
**** |
**** |
**** |
2001-2002 |
**** |
**** |
**** |
Market Share in Demand
Share in demand |
1999-2000 |
2000-2001 |
POI |
Market Share of petitioner (%) |
23.71 |
32.08 |
27.74 |
Share of dumped imports (%) |
76.29 |
67.92 |
72.26 |
i) From the above table it is evident that the share of the petitioner in demand has decreased from 32.08% to 27.74% during the POI whereas share of dumped imports from Chinese Taipei has increased from 67.92% in 2000-2001 to 72.26% in the POI. The Authority has analyzed and examined the import statistics and sales figure of the petitioner and noted that the dumped imports have displaced the demand of the domestic industry at the same time had to compete with the low priced imports of Green Veneer Tape from Taiwan to hold the market.
Inventories
i) The inventories of the domestic industry has increased from 41730 Sq. M at the end of March 2001 to 64748 Sq. M. as on 31.03.2002, which is very high in relation to production of the petitioner. The Authority notes that the under utilization of the plant along with the inventory available with the petitioner, demonstrates that the dumped imports are causing injury to the domestic industry.
Employment
There has been no increase in the employment of the petitioner during the previous two years.
Wages
The petitioner has claimed that wages are determined according to the provisions of Labour Laws as such wages cannot be changed according to the financial health of the petitioner companies. The Authority has noted the position.
Profitability
Year |
Sales Value (Rs. in laks) |
Cost of Sales (in lakhs) |
Profit/Unit |
Profitability |
1999-2000 |
**** |
**** |
**** |
**** |
2000-2001 |
**** |
**** |
**** |
**** |
2001-2002 |
**** |
**** |
**** |
**** |
The losses per unit during 2001-2002 have marginally decreased due to reduction in costs of raw materials, and increase in capacity utilization. The cost of production of the domestic industry has declined in the POI whereas selling price has also declined. The domestic industry is incurring the loss due to the fact that the domestic industry is forced to reduce the selling price below its cost of production to hold on market due to dumped imports from subject country. The domestic industry has suffered material injury on account of depressed selling price resulting in non-recovery of cost of production and thereby suffering financial losses.
Return on Investment (Capital Employed)
i) As enumerated above the industry is operating at a loss and thus the domestic industry has not been able to earn any return on its investments. Petitioner has claimed that the rate of return on investment during POI for the product under consideration is negative.
ii) The Authority notes that the loss per unit has also decreased in the investigation period, still, the dumped imports have prevented the domestic industry to recover or minimize its financial loss and improve the financial health of the industry.
Price Undercutting, Price Suppression/ Depression and Price underselling
i) In considering the effect of the dumped imports on prices, it is considered necessary to examine whether there has been a significant price undercutting by the dumped imports as compared with the price of the like product in India, or whether the effect of such imports is otherwise to depress prices to a significant degree.
ii) The Authority has compared the landed value of imports of subject goods from subject country during the POI with the net sales realization and has found that there has been a significant price undercutting by the dumped imports. The landed value of imports has been found to be significantly lower than the domestic industrys net sales realization. The Authority further notes that the domestic industry was compelled to lower its prices as to hold on its market share to compete with the dumped imports from subject country.
iii) The Authority has examined the claim of the domestic industry regarding the suffering on account of the losses from the sale of Green Veneer Tape. The Authority notes that the price underselling is an important indicator to make an assessment of the injury. The Authority has worked out the non-injurious price for the product under consideration and compared the same with the landed value to arrive at the extent of price underselling. The analysis shows a significant level of incidence of price underselling causing injury to the domestic industry.
iv) The petitioner claims that the imports were having significantly suppressing/depressing effect on the domestic industry. The Authority notes that the imports were having significantly suppressing/depressing effect on the prices in the domestic market, as the domestic industry has not been able to raise its selling price in view of the dumped imports. The selling price of the domestic industry is below the cost of production that results into a suppressing/depression effect.
v) Thus examination of the available evidence shows that the domestic industry has suffered injury on its sales of subject goods during POI. The Authority has determined the extent of price undercutting during the POI and holds that domestic industry has suffered significant price undercutting and price underselling during the POI due to dumped imports from subject countries.
Growth
It is submitted and noted that due to the negative returns in the industry and continued dumped imports, the domestic industry is in a difficult situation to grow as there is surplus available capacity to meet the domestic demand.
Threat of Injury
As regards the threat of injury, the Authority notes that the Anti-Dumping Rules states as follows:
"A determination of a threat of material injury shall be based on facts and not merely on allegation, conjecture or remote possibility. The change in circumstances, which would create a situation in which the dumping would cause injury, must be clearly foreseen and imminent. In making a determination regarding the existence of a threat of material injury, the DA shall consider, inter-alia, such factors and;
The Authority has examined the aspects of threat of injury and noted that the imports are severely undercutting the prices in the domestic market, which have been analyzed in details on prepages. Interested parties have not provided sufficient evidence regarding surplus capacity and evidence of imports. Therefore the Authority notes that there is not sufficient evidence to establish threat of injury as claimed by the petitioner.
Conclusions on Injury:-
From the foregoing, the following conclusions are made by the Authority regarding injury suffered by the domestic industry.
a) Imports from the subject country have increased significantly in absolute terms.
Causal Link
1. As regards the impact of dumped imports on the domestic industry the principle (iv) of Annexure 2 of the anti dumping Rules states :
i) "the examination of the impact of the dumped imports on the domestic industry concern, shall include and evolution of all relevant economic factors and indices having a bearing on the state of the industry, including natural and potential decline in sales, profits, output, market share, productivity, return on investments or utilisation of capacity: factors affecting domestic prices, the magnitude of margin of dumping, actual or potential negative effects on cash flow inventories, employment, wages, growth, ability to raise capital investments".
iii) The domestic industry is facing injury due to dumping of Grade B coated paper (Green Veneer Tape) by exporters from subject country. The increase in imports from the subject country has had a direct impact on the prices. Resultantly, while the import volumes increased on the one hand, the domestic industry has been forced to lower its prices on the other hand. There is no contraction in demand, the demand has rather increased. Further, there are no other factors such as trade restrictive practice or development in technology, which could have caused material injury to the domestic industry.
6. INDIAN INDUSTRYS INTEREST & OTHER ISSUES
i) The Authority holds that the purpose of anti-dumping duties, in general, is to eliminate injury caused to the Domestic Industry by the unfair trade practices of dumping so as to re-establish a situation of open and fair competition in the Indian market, which is in the general interest of the country.
ii) The Authority also recognizes that though the imposition of anti-dumping duties might affect the price levels of the products manufactured using the subject goods and consequently might have some influence on relative competitiveness of these products, however, fair competition in the Indian market will not be reduced by these anti-dumping measures. On the contrary, imposition of anti-dumping measures would remove the unfair advantages gained by the dumping practices and would prevent the decline of the domestic industry and help maintain availability of wider choice of the subject goods to the consumers.
iii) The Authority notes that the imposition of anti-dumping measures would also not restrict imports from the subject country in any way, and, therefore, would not affect the availability of the products to the consumers.
iv) The Authority has not merely relied upon the submissions of the petitioners regarding fair selling price, rather the Authority deputed a team for on-the-spot investigation and verification of costing and manufacturing process of Green Veneer Tape and worked out in detail the fair selling price of Green Veneer Tape in India for the Domestic Industry.
v) Arguments have been raised by consumers that the imposition of anti dumping measures would result in less competition and higher prices for consumers of Green Veneer Tape and may harm the domestic plywood industry. The Authority notes that price advantages based on unfair practices are unjustifiable and may in the longer term are harmful even to the interest of consumer.
7. LANDED VALUE
The landed value of imports for the purpose shall be the assessable value as determined by the customs under Customs Tariff Act, 1962 and applicable level of custom duties except duties levied under Section 3, 3A, 8B, 9, 9A of the Customs Tariff Act, 1975.
After considering the foregoing, The Authority notes that:
i. Green Veneer Tape (Grade B coated paper) has been exported to India from the subject country below its normal value,
ii. The domestic industry has suffered material injury,
iii) The material injury has been caused to the domestic industry on account of dumped imports of the subject goods originating in or exported from the subject country,
iv) Therefore, the Authority considers necessary to impose an anti dumping duty provisionally, pending final determination, on all imports of Green Veneer Tape(Grade B coated paper) from subject country in order to remove the injury to the domestic industry,
v) In view of the above the Authority proposes to recommend the amount of anti dumping duty equal to the margin of dumping or less, which if levied, would remove the injury to the domestic industry. For the purpose of determining injury, the landed value of imports has been compared with the non-injurious price of the petitioner determined for the period of investigation,
vi) Accordingly, the Authority recommends that the provisional anti dumping duty be imposed from the date of notification to be issued in this regard by the Central Government on all imports of Green Veneer Tape (Grade B coated paper) falling under chapter 48 and sub headings no. 48.11, 4811.4900, 48.23, 4823.1900 under Custom Tariff Act 1975, originating in or exported from Chinese Taipei. The anti dumping duty shall be the difference between the amount mentioned in Column No. 3 of the following table and the landed value of imports,
1 |
2 |
3 |
Country/ Source |
Exporters/Producers |
Amount (Rs/sq.m) |
Chinese Taipei |
M/s. Chiuer Jiuey Enterprise Co., Ltd., |
7.46 |
Chinese Taipei |
All exporters/producers |
7.46 |
E. FURTHER PROCEDURE
The following procedure would be followed subsequent to notifying the preliminary findings:
(L V SAPTHARISHI)
Designated Authority
TABLE
Sl. No |
Sub-heading |
Description of goods |
Specification |
Country of origin |
Country of Export |
Producer |
Exporter |
Amount |
Unit of Measurement |
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
48.11, 4811.4900, 48.23, 4823.1900 |
Green Veneer Tape |
- |
Chinese Taipei |
Any Country |
Any Producer |
Any exporter |
7.46 |
Sq. Mtr |
Rupees |
|
48.11, 4811.4900, 48.23, 4823.1900 |
Green Veneer Tape |
- |
Any Country |
Chinese Taipei |
Any producer |
Any exporter |
7.46 |
Sq. Mtr |
Rupees |
|
48.11, 4811.4900, 48.23, 4823.1900 |
Green Veneer Tape |
- |
Chinese Taipei |
Chinese Taipei |
M/s. Chiuer Jiuey Enterprise Co., Ltd., |
M/s. Chiuer Jiuey Enterprise Co., Ltd., |
7.46 |
Sq. Mtr |
Rupees |
|
4. |
48.11, 4811.4900, 48.23, 4823.1900 |
Green Veneer Tape |
- |
Chinese Taipei |
Any Country |
M/s. Chiuer Jiuey Enterprise Co., Ltd., |
M/s. Chiuer Jiuey Enterprise Co., Ltd., |
7.46 |
Sq. Mtr |
Rupees |
5. |
48.11, 4811.4900, 48.23, 4823.1900 |
Green Veneer Tape |
- |
Any Country |
Chinese Taipei |
M/s. Chiuer Jiuey Enterprise Co., Ltd., |
Any exporter |
7.46 |
Sq. Mtr |
Rupees |
6. |
48.11, 4811.4900, 48.23, 4823.1900 |
Green Veneer Tape |
- |
Any Country |
Chinese Taipei |
Any producer |
M/s. Chiuer Jiuey Enterprise Co., Ltd., |
7.46 |
Sq. Mtr |
Rupees |
7. |
48.11, 4811.4900, 48.23, 4823.1900 |
Green Veneer Tape |
- |
Any Country |
Any Country |
Any producer |
M/s. Chiuer Jiuey Enterprise Co., Ltd., |
7.46 |
Sq. Mtr |
Rupees |
8. |
48.11, 4811.4900, 48.23, 4823.1900 |
Green Veneer Tape |
- |
Any Country |
Any Country |
M/s. Chiuer Jiuey Enterprise Co., Ltd., |
Any exporter |
7.46 |
Sq. Mtr |
Rupees |
9. |
48.11, 4811.4900, 48.23, 4823.1900 |
Green Veneer Tape |
- |
Any Country |
Chinese Taipei |
M/s. Chiuer Jiuey Enterprise Co., Ltd., |
M/s. Chiuer Jiuey Enterprise Co., Ltd., |
7.46 |
Sq. Mtr |
Rupees |
(L.V. Saptharishi)
Designated Authority