Government of India
Department of Commerce
Ministry of Commerce & Industry
New Delhi, the 28th June, 2004
Subject: Initiation of anti-dumping investigations concerning import of Gypsum Plaster Board originating in or exported from Indonesia and Thailand.
No. 14/29/2003-DGAD- M/s India Gypsum Ltd., New Delhi, has 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 Gypsum Plaster Board originating in or exported from Indonesia and Thailand and has requested for initiation of anti-dumping investigations and levy of anti-dumping duties.
Gypsum Plaster Board is mainly used as partitions and false ceilings for interiors of buildings. Besides providing décor, it is a fireproof and eco-friendly product.
Gypsum Plaster Board is classified under Chapter Heading 6809.11 of the Customs Tariff Act, 1975. However, it may be noticed from the import statistics that the subject goods have also been imported under other sub-headings like 6809 1900, 6809 9000, 6811 9000. The classification is, however, indicative only and is in no way binding on the scope of the present investigation.
4. Like Article(s): The petitioner has claimed that goods produced by it are like articles to the goods originating in or exported from Indonesia and Thailand. Goods produced by the petitioner are being treated as Like Articles to the goods imported from the subject countries/territory within the meaning of the Rules.
5. Dumping and Dumping Margin:
Normal Value: The petitioner has constructed the normal value in case of Indonesia and Thailand.
Export price: The petitioner has claimed export price based on the import figures.
Considering the normal value and export price the dumping margins are significantly higher than the de-minimis limit.
There is sufficient evidence that the normal values of the product under consideration in the Indonesia and Thailand are significantly higher than the prices at which it has been exported to India, indicating, prima facie, that the subject goods are being dumped by the exporters from Indonesia and Thailand.
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 and threat of injury to the domestic industry.
7. Initiation of Anti-Dumping Investigation: 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/territory.
8. Period of Investigation: The period of investigation for the purpose of the present investigations is January, 2003 to December 2003.
9. Submission of Information: The exporters in the subject countries/territory 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 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.
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.