TO BE PUBLISHED IN PART I SECTION 1 OF THE GAZETTE
OF INDIA, EXTRAORDINARY
MINISTRY OF COMMERCE & INDUSTRY
DEPARTMENT OF COMMERCE
DIRECTORATE GENERAL OF ANTI-DUMPING & ALLIED DUTIES
NEW DELHI, THE 20th August,2001
Subject:- Initiation of Anti-dumping investigations
concerning imports of Partially Oriented Yarn (POY) from Republic of Korea and Turkey.
No.36/1/2001-DGAD.- The Directorate General
of Anti-dumping and Allied Duties has received a petition for initiation of anti-dumping
investigations against alleged dumping of Partially Oriented Yarn of Polyester(POY)
imported from Republic of Korea and Turkey. M/s. Association of Synthetic Fibre Industry,
125 Uday Park, Ist Floor, New Delhi-110 049 have filed a petition in accordance with
Customs Tariff Act 1975 as amended in 1995 and Customs Tariff (Identification, Assessment
and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury)
Rules, 1995 before the Designated Authority (hereinafter referred to as the Authority)
alleging dumping of Partially Oriented Yarn from Republic of Korea and Turkey (also
hereinafter referred to as subject countries) and requested for initiation of anti-dumping
investigation and levy of anti-dumping duty.
- Domestic Industry:- The petition has been filed by M/s.
Association of Synthetic Fibre Industry, New Delhi on behalf of the domestic industry. The
companies that have conveyed their willingness to participate in the proposed
investigations are M/s Century Enka Ltd., M/s Indo Rama Synthetics(I) Ltd.,M/s Reliance
Industries, Ltd., and following companies are supporting the present petition viz M/s DCL
Polyesters Ltd., M/s Sanghi Polyesters Ltd., M/s Recron Synthetics Ltd.. The share of
participating and supporting companies account to about 65% of total Indian production
during the period of investigation and therefore, have the standing to file the petition
on behalf of the domestic industry.
- Product Involved:- The product involved in the petition is
Partially Oriented Yarn of Polyester(POY) ( also hereinafter referred to as subject goods)
originating in or exported from Republic of Korea and Turkey. The product is classified
under Customs Tariff Heading 54.02 under HS Classification and 5402.42 under Indian
Customs Tariff Classification. The Petitioners have also stated that PFY classified under
5402.33 and Flat yarns classified under 5402.43 and other variants of yarns of polyester
are also misclassified under the heading 5402.42 meant for Partially Oriented Yarns
of Polyesters (POY). The classification is, however, indicative only and in no way
binding on the present investigation.
- Country Involved:- The countries involved in the present
investigation are Republic of Korea and Turkey (subject countries).
- Like Article:- The petitioners have claimed that the goods
produced by them are like articles to the goods produced /originating in or exported from
the subject countries. Goods produced by petitioners are treated as like articles to the
goods imported from the subject countries within the meaning of the Rules.
- Normal Value: The petitioner has claimed that they have not
been able to get an accurate and adequate evidence with regard to domestic price in
respect of POY in the subject countries . In the circumstances they have claimed the
normal value based on the constructed cost of production on the basis of PET CHAIN
Strategic Analysis (1996-2006 OF Dweitt & Co., Incorporated) duly adjusted to include
selling general and administrative expanses and the reasonable profit margin.
- Export Price:- The petitioners have provided the import data as
per Directorate General of Commercial Intelligence and Statistics (DGCI&S) latest
available and have requested the Authority not to rely on the same, due to inclusion of
misclassified imports of POY and other yarns which are not subject goods. They have
claimed export price on the basis of data complied by MITCON Ltd , giving consignment-wise
import information. There is sufficient prime facie evidence with regard to the export
price of the subject goods from the subject countries.
- Dumping Margin: There is sufficient prime facie evidence
that export prices to India from subject countries were lower than the normal values in
the said countries. Thus, there is sufficient evidence that the product under
consideration is being dumped into India from Republic of Korea and Turkey .
- Injury and Causal Link : The various parameters relating to
injury affecting domestic industry such as production, capacity utilisation, market share,
volume of imports, volume of sales of domestic industry, profitability, price undercutting
etc. collectively and cumulatively, indicate that the domestic industry has suffered
material injury on account of dumping.
- Initiation of Anti Dumping Investigation: The Designated
Authority, therefore, initiates anti dumping investigation into the existence, degree and
effect of alleged dumping of POY originating in or exported from Republic of Korea and
- Period of Investigation: The period of investigation for
the purposes of present investigation is 1st April,2000 to 31st
March, 2001 (12 months)
- Submission of Information: The exporters in the subject
countries and importers in India known to be concerned are being addressed to submit
relevant information in the form and manner prescribed and to make known their views to Shri
L.V.Saptharishi, Designated Authority and Additional Secretary to Government of India,
Ministry of Commerce & Industry, Department of Commerce, Udyog Bhavan, New
Delhi-110011. Any other interested party may also make its submission relevant to the
investigation in the prescribed form and manner within the time limit set out below.
- Time Limit:- Any information relating to the present
investigation may be sent in writing so as to reach the Designated 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.
- Inspection of Public File:- In terms of Rule 6(7) any
interested party may inspect the public file containing non-confidential versions of the
evidence submitted by the other interested parties after the expiry of time limit thus set
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 or the information is incomplete in any
respect, 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.
( L.V. SAPTHARISHI)