MINISTRY OF COMMERCE AND INDUSTRY
Department of Commerce
Directorate General of Anti-dumping & Allied Duties
New Delhi, the 21st September, 2002
Subject : Initiation of Anti-dumping investigation concerning import of Ball Bearings and parts and components thereof (up to 50 mm bore dia) from China PR, Poland, Russia and Romania.
No.14/30/2002-DGAD - Ball and Roller Bearing Manufacturers Association of India, New Delhi through its members viz., M/s. FAG Bearings India Ltd., Vadodara, M/s. NRB Bearings Ltd., Mumbai, M/s. SKF Bearings India Ltd., Mumbai, M/s. National Engineering Industries Ltd., Jaipur, M/s. Tata Iron and Steel Company Ltd., (Bearing Division), Kharagpur have filed a petition in accordance with the 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 Ball Bearings and parts and components thereof (up to 50 mm bore dia) originating in or exported from China PR, Poland, Russia and Romania and requested for Anti Dumping investigations and levy of anti dumping duties.
2. The product involved in the present petition is Ball Bearings and parts and components thereof (up to 50 mm bore dia) (hereinafter referred to as subject goods). Product under consideration includes Ball Bearings and its parts, whether mounted or unmounted, as anti friction bearings that employ balls as rolling element, so long as these imports in effect constitute imports of ball bearings. Anti friction balls, inner and outer races and components of ball bearings are within the scope of the product under consideration. Ball bearings are a part of a larger category of goods known as anti friction bearings. Anti friction bearings are machine components that permit free motion between moving and fixed parts by holding, separating or guiding the moving parts to minimize friction and wear and tear. Major users of ball bearings are in the Fan, Electric Motor, Automotives, Pumps, Domestic Appliances and Industrial Appliances segments. The product is classified under Chapter 84 of the Customs Tariff Act under sub-heading 8482.10, 8482.80, 8482.91. The product is classified under ITC HS code under heading 8482.1001, 8482.1004 and 8482.1011. The Customs and ITC HS classifications are however, indicative only are in no way binding on the scope of the present investigation.
3. The petition has been filed by M/s. FAG Bearings India Ltd., Vadodara, M/s. NRB Bearings Ltd., Mumbai, M/s. SKF Bearings India Ltd., Mumbai, M/s. National Engineering Industries Ltd., Jaipur, M/s. Tata Iron and Steel Company Ltd., (Bearing Division), Kharagpur. The petitioners account for more than 50% of the domestic production of subject goods and therefore, the petitioners satisfy the criteria of standing as domestic industry to file the petition in terms of Rule 5(3) (a) of the Rules supra.
4. The countries involved in the present investigation are Peoples Republic of China, Poland, Romania and Russia (hereinafter referred to as the subject countries).
5. The petitioners have claimed that there is no difference between the products manufactured by them and the subject goods being imported from subject countries. Therefore, for the purpose of the present investigation, the goods produced by the petitioners are being treated as like articles to that imported from the subject countries within the meaning of the Rules supra.
6. The petitioners have claimed Normal Value in respect of exports of subject goods from China and Russia on the basis of constructed cost of production treating China and Russia as Non-market economies. The Authority proposes to examine the claim of the petitioner in the light of para 7 and 8 of Annexure 1 of the Anti Dumping Rules as amended. The Authority has prima facie considered the Normal value of subject goods in PR China and Russia on the basis of constructed cost of production as made available by the petitioner. In respect of Romania and Poland the normal value has been claimed on the basis of domestic sales price of subject goods in these countries.
7. The petitioners have determined export price for subject countries on the basis of analysis of import figures collected from secondary sources. Adjustments have been claimed on account of ocean freight, marine insurance, commission, inland transportation in the country of export, port handling and port charges to arrive at the Export Price at ex-factory level.
8. There is sufficient evidence that Normal Value of the subject goods in the subject countries is significantly higher than the net export price indicating prima-facie that the subject goods are being dumped by exporters from the subject countries.
INJURY AND CAUSAL LINK
9. Petitioners have furnished information on various parameters relating to injury. Parameters such as increase in volume of imports, loss in market share, price under-cutting, price under-selling, low return on investments, decreased profits in the manufacturing of subject goods prima-facie indicate collectively and cumulatively that the Domestic Industry has suffered material injury on account of dumping.
INITIATION OF ANTI-DUMPING INVESTIGATIONS
10. The Designated Authority, in view of the foregoing paragraphs, 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.
PERIOD OF INVESTIGATION (POI)
11. The period of investigation for the purpose of present investigation is 1st January 2001 31st March 2002.
SUBMISSION OF INFORMATION
12. The exporters in the subject country and the importers in India known to be concerned with this investigation are being addressed separately to submit relevant information in the form and manner prescribed and to make their views known to the Designated Authority, Directorate General of Anti Dumping & Allied Duties, Department of Commerce, Ministry of Commerce and Industry, Government of India, 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. 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 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 the letter addressed to them separately.
INSPECTION OF PUBLIC FILE
14. 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.
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.