To be published in part-1 Section I of the Gazette of India Extraordinary
GOVERNMENT OF INDIA
MINISTRY OF COMMERCE
New Delhi, the 6th January,2000.
Subject:- Initiation of anti-dumping investigation concerning import of Bisphenol-A from European Union(EU) and Taiwan.
M/s. Kesar Petroproducts Limited, 7, . Nagin Mahal, 82 V.N. Road, Churchgate, Mumbai - 400 020, - has filed a petition in accordance with the Customs Tariff Act, 1975 as amended in 1995 and Customs- Tariff (Idenffication Assessment and Collection" of Anti - Dumping Duty on Dumped Articles and determination of Injury) Rules, 1995 before the -Designated Authority (herein after referred to as the Authority) alleging dumping of Bisphenol-A from European Union and Taiwan and requested for anti dumping investigations and levy of anti dumping duties.
1. Product Involved: The product involved in the present investigation is Bisphenoi-A (also referred as subject goods hereinafter) originating in or exported from the European Union and Taiwan. Bisphenol-A finds uses- in Phenolic resins, Epoxy resins, Polycarbonate resins and Unsaturated Polyester resins and is classified under Customs Sub-heading 2907.23 of the Customs Tariff Act, 1975. The classification is, however indicative only and is in no way binding on the scope of the present investigations.
2. Domestic Industry Standing: M/s. Kesar Petroproducts Limited, Mumbai is the only producer of Bisphenol-A in India and hence the petitioner satisfies the standing to file the petition on behalf of the domestic industry.
3. Countries involved: The countries involved in present investigation are European Union and Taiwan (also referred to as subject countries hereinafter).
4. Like Articles: The petitioner has claimed that goods produced by it are like articles to the goods, originating in or exported from the subject countries. 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. Normal value The petitioner has claimed Normal Value in Taiwan based on constructed cost of production of Bisphenol-A in Taiwan. As regards exporters from European Union (EU), petitioner has furnished evidence on sale of subject goods between member countries of European Union i.e. Netherlands and Belgium. Netherlands and Belgium are part of the European Union and having a common custom territory. Thus, the prices in whole of European Union are bound to tie the same. The Authority has sufficient prima facie evidence, indicating the prevailing domestic price of Bisphenol-A in European ‘Union.
6. Export price: The petitioner has claimed the export price based on data compiled by the DGCI&S, Calcutta as well as secondary sources. The petitioner has further claimed adjustments on account of ocean freight, insurance, commission and port handling charges to arrive at the ex factory price.
7. Dumping Margin: These is .sufficient prima facie evidence that the normal Value of 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 exporters from subject countries.
8. Injury: Various parameters relating to injury such as suppressed domestic prices, increase in quantum of imports and the petitioner being unable to recover its fair cost of production etc. prima-facie indicate collectively and cumulatively that domestic, industry has suffered material injury on account of dumping.
9. Initiation of Anti-Dumping Investigation: The Designated Authority, in view of the foregoing paragraph, 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
10. Period of Investigation: The period of investigation for the purpose of present investigation is 1st April, 1998 to 30th September, 1999 (18 months).
11. 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 General of Anti Dumping and Allied Duties, 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.
12. 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.
13. Inspection of Public File: In terms of Rule 6(7), any interested party may inspect the public file containing non-confidential version of the evidence submitted by other interested parties.
14. 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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