Antidumping duties imposed on the imports of DASDA exported from China PR
Dated October 1st, 2015 | Copy Of | Notification No. Sl.77 |
Initiation of Mid Term Review (MTR) of the antidumping duties imposed on the imports of “4, 4 Diamino Stilbene2, 2 Disulphonic Acid” (DASDA) originating in or exported from China PR.
Whereas having regard to the Customs Tariff Act, 1975 as amended in 1995 and thereafter (hereinafter also referred to as the Act) and the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, as amended from time to time (hereinafter also referred to as the Rules), the Designated Authority (hereinafter also referred to as the Authority) had earlier initiated an anti-dumping investigation, vide Notification No.14/1/2012-DGAD dated 26th July 2012, concerning imports of ‘4, 4Diamino Stilbene2, 2 Disulphonic Acid”(DASDA), used in synthesis of dye stuffs, like optical brightening agents, fluorescent brightening agents etc., originating in or exported from China PR, on the basis of an application filed by M/s Deepak Nitrite Ltd., on behalf of the domestic industry.
2. The Period of Investigation for the original investigation was 1st January 2011 to 31st December 2011. The definitive duties were recommended by the Authority vide Final Findings Notification No.No.14/1/2012-DGAD dated 22nd November 2013. The definitive anti-dumping duties were imposed by the Central Government on the imports of the subject goods from China PR vide Notification No.09/2014–Customs (ADD) dated 23rd January 2014.
A. Request for initiation of Mid Term Review
3. The Dyestuffs Manufactures Association of India, Mumbai, a representative body of importers/users of the subject goods, has submitted an application requesting for initiation of a review of the anti-dumping duties imposed on the imports of the subject goods from the subject countries in accordance with section 9A of the Customs Tariff Act 1975 read with Rule 23 of the Rules. They have claimed that the circumstances that were prevalent during the period of investigation of the original investigation have changed significantly leading to a situation where the existing anti-dumping duties are no longer warranted.
B. Grounds for review
4. The applicant has submitted that the import prices of the subject goods have increased significantly; that domestic selling prices have also increased significantly and that the cost of major raw material has also decreased. The applicant has further submitted that coupled with a significant increase in import prices leading to an increase in the landed value of imports, the injury margin has come down and as a consequence, a need for reviewing the current level of duties has arisen.
5. Further, in the original investigation, M/s Hebei Hua-Chem Dye Chemical Co., Ltd, China PR (Producer/ Exporter) was accorded individual duty. An application has now been filed by M/s Tasker Chemical (Dongguang) Co Ltd, China PR informing that the name of Hebei Hua-Chem Dye Chemical Co., Ltd, was changed to Hua Ge Chemical (Dongguang) Co., Ltd., and then to Tasker Chemical (Dongguang) Co Ltd and requested for a change of name in the anti-dumping duty notification from M/s Hebei Hua-Chem Dye Chemical Co., Ltd, China PR (Producer/Exporter) to M/s Tasker Chemical (Dongguang) Co Ltd, China PR (Producer/Exporter). The present midterm review investigation shall also investigate in to the stated request for change of name, subject to the condition that M/s Tasker Chemical (Dongguang) Co Ltd, China PR (Producer/Exporter) cooperates with the Authority and files questionnaire response along with all required information/documents.
C. Product under consideration and Like Article
6. The product under consideration is ‘4,4Diamino Stilbene2, 2 Disulphonic Acid” (DASDA). It is also known as 2, 2’-(1,2-Ethylenediyl) bis (5-aminobenzenesulfonic acid), 4, 4’-Diaminostilbene-2, 2’-Disulfonic Acid, 2, 2’ethene-1, 2-diylbis (5-amino benzene sulfonic acid), Amsonic Acid and DSD Acid. DASDA is a light yellow color powder/cream, which is used in synthesis of dye stuffs, like optical brightening agents, fluorescent brightening agents, etc. Subject goods are classified under heading 29215990. However, customs classification is indicative only and not binding on the scope of the investigation.
D. Country involved
7. The country involved in the present investigation is China PR.
8. Sub Rule (1) and (1A) of Rule 23 of the Anti-dumping Rules, as amended vide Customs Notification No.15/2011 dated 1st March 2011, reads as follows:
“(1) Any anti-dumping duty imposed under the provision of section 9A of the Act, shall remain in force, so long as and to the extent necessary, to counteract dumping, which is causing injury.
(1A) The designated authority shall review the need for the continued imposition of any antidumping duty, where warranted, on its own initiative or upon request by any interested party who submits positive information substantiating the need for such review, and a reasonable period of time has elapsed since the imposition of the definitive anti-dumping duty and upon such review, the designated authority shall recommend to the Central Government for its withdrawal, where it comes to a conclusion that the injury to the domestic industry is not likely to continue or recur, if the said antidumping duty is removed or varied and is therefore no longer warranted.
9. In terms of the aforesaid rules, the Authority is required to review from time to time, the need for the continued imposition of any anti-dumping duty, where warranted, on its own initiative or upon request by any interested party who submits positive information substantiating the need for such review and if it is satisfied that the injury to the domestic industry is not likely to continue or recur, if the antidumping duty is removed or varied and there is no justification for continued imposition of such duty, the Authority may recommend to the Central Government for its withdrawal. 10. On the basis of information made available by the aforementioned applicant before the Authority, the Authority considers it prima facie appropriate to initiate a mid-term review of the anti-dumping duties imposed on the imports of the subject goods, originating in or exported from the subject country.
11. Having regard to the information provided by the Applicant indicating changed circumstances necessitating a review of the measure in force, the Authority now considers that it is appropriate to initiate a mid-term review of the final findings notified vide Notification No. 14/1/2012-DGAD dated 22nd November 2013, published in the Gazette of India, Extraordinary Part I, Section I and the definitive duties imposed by the Central Government on the imports of the subject goods from China PR vide Notification No.09/2014–Customs (ADD) dated 23rd January 2014.
G. Period of Investigation (POI)
12. The period of investigation for the purpose of the present review is 1st April, 2014 to 31st March, 2015. The injury investigation period will, however, cover the periods 2011-12, 2012-13, 2013-14 and the POI.
H. Submission of Information:
13. The exporters in subject country, their Government through their Embassy in India, the importers and users in India known to be concerned and the domestic industry are being addressed separately to submit relevant information in the form and manner as prescribed and to make their views known to the Authority in the following address:
The Designated Authority Directorate General of Anti-Dumping and Allied Duties Ministry of Commerce and Industry Department of Commerce 4th Floor, Jeevan Tara Building, 5 Parliament Street New Delhi-110001
14. 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.
I. Time Limit
15. Any information relating to the present review should be sent in writing so as to reach the Authority at the address mentioned above not later than forty days (40 Days) from the date of publication of this review notification. If no information is received within the prescribed time limit or the information received is incomplete, the Authority may record its findings on the basis of the facts available on record in accordance with the Rules supra.
J. Submission of information on confidential basis
16. In case confidentiality is claimed on any part of the questionnaire response/submissions, the same must be submitted in two separate sets (a) marked as Confidential (with title, index, number of pages, etc.) and (b) other set marked as Non-Confidential (with title, index, number of pages, etc.). All the information supplied must be clearly marked as either “confidential” or “non-confidential” at the top of each page.
17. Information supplied without any confidential marking shall be treated as non-confidential and the Authority shall be at liberty to allow the other interested parties to inspect any such non-confidential information. Two (2) copies of the confidential version and five (05) copies of the non-confidential version must be submitted by all the interested parties.
18. For information claimed as confidential; the supplier of the information is required to provide a good cause statement along with the supplied information as to why such information cannot be disclosed and/or why summarization of such information is not possible.
19. The non-confidential version is required to be a replica of the confidential, version with the confidential information preferably indexed or blanked out/summarized depending upon the information on which confidentiality is claimed. The non-confidential summary must be in sufficient detail to permit a reasonable understanding of the substance of the information furnished on confidential basis. However, in exceptional circumstances, parties submitting the confidential information may indicate that such information is not susceptible to summarization; a statement of reasons why summarization is not possible must be provided to the satisfaction of the Authority.
20. The Authority may accept or reject the request for confidentiality on examination of the nature of the information submitted. If the Authority is satisfied that the request for confidentiality is not warranted or the supplier of the information is either unwilling to make the information public or to authorize its disclosure in generalized or summary form, it may disregard such information.
21. Any submission made without a meaningful non-confidential version thereof or without a good cause statement on the confidentiality claim may not be taken on record by the Authority. The Authority on being satisfied and accepting the need for confidentiality of the information provided; shall not disclose it to any party without specific authorization of the party providing such information.
K. Inspection of Public File
22. In terms of Rules 6(7), any interested party may inspect the public file containing non-confidential version of the evidence submitted by other interested parties.
23. In case any 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.
Sd/- (A.K. Bhalla) Designated Authority
F.No.15/18/2015-DGAD Issued by: Department of Commerce Ministry of Commerce & Industry (Directorate General of Anti-Dumping & Allied Duties) New Delhi