MINISTRY OF COMMERCE
(Directorate of Anti-Dumping & Allied Duties)
New Delhi, the 13th September, 1999
Subject : Initiation of anti-dumping investigations concerning import of Aniline originating in or exported from Japan and the USA.
No. 33/1/99-DGAD.-M/s. Hindustan Organic Chemicals Ltd., (HOCL), Narmada Chematur Petro Chemicals Ltd., (NCPL), and Anirox Pigments Ltd., have filed a petition before the Designated Authority (hereinafter referred to as the Authority) 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 Injury) Rules, 1995 alleging dumping of Aniline originating in or exported from Japan and the USA and have requested for initiation of anti-dumping investigations and levy of anti-dumping duties.
1. Product Involved: The product under investigation in the present case is Aniline originating in or exported from Japan and the USA. Aniline is also known as Aniline Oil. Aniline is a basic organic chemical essential for vital industries such as Drugs, Pharmaceuticals, Dyes and Dye Intermediates. Aniline is also used in some other industries such as Rubber Chemicals, Explosives and Resins. Aniline is an intermediate for Rubber Chemicals, Photographic Chemicals, and Isocynates. It is a transparent, oily, colour-less (pale yellow) liquid and is a primary amine compound.
Aniline is classified under Customs sub-heading nos. 2921.41.01 of Chapter 29 of the Customs Tariff Act, 1975. The classification is however indicative only and in no way binding on the scope of the present investigations.
2. Domestic Industry Standing: The petitioner has stated that the following three companies -are the only producers of Aniline:-
3. Country(ies) Involved: The countries involved in the present investigations are Japan and the USA (referred to as subject countries hereinafter).
4. Like Goods: The petitioner has claimed that goods produced by it are like articles to the goods originating in or exported from Japan and the USA. 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.
5. Dumping and Dumping Margin:
Normal Value: The petitioner has claimed normal value in USA and Japan on the basis of reputed trade journals in USA and Japan. There is sufficient prima facie evidence with regard to normal value of Aniline Oil in the subject countries.
Export price: The petitioner has claimed export price based on the data published by the DGCIS, Calcutta and Kandla Port.
Considering the normal value and export price the dumping margins are significantly higher than the de-minimus limits.
There is sufficient prima facie evidence that the normal value of toe product under consideration in Japan and USA 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 Japan and the USA.
6. Injury and Causal Link: The various economic indicators relating to domestic industry such as production, sales, profit/loss etc. collectively and cumulatively, indicates that the domestic industry has suffered injury. There is sufficient prima facie evidence that the imports of the product under consideration have caused material injury to the domestic industry.
7. Initiation of Anti-Dumping Intvestigation: In view of the foregoing paragraph, the Designated Authority initiates anti-dumping investigations to determine the existence, degree and effect of alleged dumping of the subject goods originating in or exported from the subject countries.
8. Period of Investigation: The period of investigation for the purpose of the present investigations is 1st April, 1998 to 31st March, 1999 (12 months).
9. Submission of Information: The exporters in the subject countries 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, Ministry of Commerce, Directorate of Anti- Dumping, 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.
10. 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.
11. Anti-dumping investigations being a time bound exercise, the Designated Authority may record its findings on the basis of facts available on record in accordance with the Rules supra, if no response is received within the time stipulated or the information is incomplete in any respect.
12. Inspection of Public File: In germs of Rule 6(7), any interested party may inspect the public file containing non-confidential version of the evidence submitted by other interested parties.
13. 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.
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