To be published in Part I Section-1 of the Gazette of India Extraordinary
MINISTRY OF COMMERCE AND INDUSTRY
(Department of Commerce)
New Delhi, the 30th July, 2001
Subject: Initiation of Anti-dumping investigation concerning import of Thermal Sensitive Paper from Peoples Republic of China into India.
No. 30/1/2001-DGAD.- M/s. Shree Krishna Paper Mills & Industries Limited, New Delhi 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 Thermal Sensitive Paper originating in or exported from Peoples Republic of China and requested for Anti Dumping investigations and levy of anti dumping duties.
PRODUCT UNDER CONSIDERATION
"In case of imports from non-market economy countries, normal value shall be determined on the basis of the price or constructed value in a market economy third country, or the price from such a third country to other countries, including India, or where it is not possible, on any other reasonable basis, including the price actually paid or payable in India for the like product, duly adjusted if necessary, to include a reasonable profit margin. An appropriate market economy third country shall be selected by the designated authority in a reasonable manner keeping in view the level of development of the country concerned and the product in question (inserted vide Custom Notification No. 28/2001 dated 31st May 2001), and due account shall be taken of any reliable information made available at the time of the selection. Account shall also be taken within time limits; where appropriate, of the investigation if any made in similar matter in respect of any other market economy third country. The parties to the investigation shall be informed without unreasonable delay the aforesaid selection of the market economy third country and shall be given a reasonable period of time to offer their comments."
These Rules have been further amended vide Custom Notification No. 28/2001(NT) dated 31-5-2001 whereby Principle 8 as under has been inserted and in the Note appended thereto Peoples Republic of China has been included in the list of non-market economy countries:
"The term "non market economy country" subject to the Note to this paragraph means every country listed in that note and includes any country which the designated authority determines and which does not operate on market principles of cost or pricing structures, so that sales of merchandise in such country do not reflect the fair value of the merchandise. While making such determination, the designated authority shall consider as to whether,
Provided that in view of the changing economic conditions in Russia and in the Peoples Republic of China, where it is shown on the basis of sufficient evidence in writing on the factors specified in this paragraph that market conditions prevail for one or more such firms are subject to anti-dumping investigations, the designated authority may apply the principles set out in paragraphs 1 to 6 instead of the principles set out in this paragraph.
Note: For the purposes of this paragraph, the list of non-market economy countries is Albania, Armenia, Azerbaijan, Belarus, Peoples Republic of China, Georgia, Kazakstan, North Korea, Kyrghyzstan, Mongolia, Russia, Tajkistan, Turkmeistan, Ukraine, Uzbekistan and Vietnam. Any country among them seeking to establish that it is a market economy country as per criteria enunciated in this paragraph, may provide all necessary information which shall be taken due account by the designated authority".
In accordance with the Rules as amended above, the petitioners have claimed Normal Value on the basis of constructed cost of production of the subject goods in India with reasonable addition for general, administrative and selling cost and for profits.
In terms of the aforesaid Rules it will be incumbent upon the exporters from the subject country, in case they claim their exports to be from market economy conditions, to provide sufficient evidence to the Designated Authority in accordance with the aforesaid Rules.
The Normal Value of the subject goods in the subject country, which is claimed on the basis of constructed cost of production of the subject goods in India with reasonable addition for general, administrative and selling cost and for profits, is significantly higher than the net export price indicating prima-facie that the subject goods are being dumped by exporters from the subject country.
INJURY AND CAUSAL LINK
INITIATION OF ANTI-DUMPING INVESTIGATIONS
PERIOD OF INVESTIGATION (POI)
SUBMISSION OF INFORMATION
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. It may be noted that no request whatsoever shall be entertained for extension in the prescribed time limit.
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.