published in Part I Section I of the Gazette of India Extraordinary
Government of India
Ministry of Commerce
New-Delhi, the 20th February, 2001.
Subject: Initiation of anti-dumping investigations concerning import of Hexamine originating in or exported from Saudi Arabia and Russia.
No. 12/1/2000-DGAD- M/s Simalin Chemical Industries Ltd., Baroda and M/s Rockford Petro Chemical Industries Ltd., Indore 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 Hexamine originating in or exported from Saudi Arabia and Russia 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 Hexamine originating in or exported from Saudi Arabia and Russia.
Hexamine is classified under Customs sub-heading no. 2921.2901 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: There are four producers of Hexamine in India including the petitioners.
The petitioners accounts for 60.4% of the total domestic production and therefore satisfies the standing to file the present petition.
3. Country(ies) Involved: The countries involved in the present investigations are Saudi Arabia and Russia.
4. Like Goods: The petitioner has claimed that goods produced by it are like articles to the goods originating in or exported from Saudi Arabia and Russia. 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 petitioners have claimed normal value in Saudi Arabia and Russia on the basis of constructed cost of production of Hexamine.
Export price: The petitioners have claimed export price based on the data published by DGCIS and secondary sources. Comparing 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 Saudi Arabia and Russia 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 Saudi Arabia and Russia.
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 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.
8. Period of Investigation: The period of investigation for the purpose of the present investigations is 1st April, 1999 to 30th September 2000 (18 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 General 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. It may kindly be noted that no requests whatsoever shall be entertained for extension of the above-stated time limit for submission of the required information.
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.