Government of
Ministry of Commerce & Industry
Department of Commerce
(Directorate General of Anti Dumping & Allied Duties)
Udyog Bhawan,
******
Dated
Initiation Notification (Mid-term
Review)
Subject:
Initiation
of Mid-term Review regarding anti-dumping duty imposed on imports of Acrylic Fibre originating in or exported from
No. 15/13/2006-DGAD - Whereas having
regard to the Customs Tariff Act, 1975 as amended in 1995 and the Customs
Tariff (Identification, Assessment and Collection of Duty or Additional Duty on
Dumped Articles and for Determination of Injury) Rules, 1995 (herein after
referred to as AD Rules), vide Notification Number 26/1/2001-DGAD
dated 06.8.2002, the Designated Authority (herein
after referred to as the Authority) notified its final findings recommending
definitive antidumping duty on import of Acrylic Fibre (hereinafter referred to as subject goods)
originating in or exported from Thailand, USA and Korea RP (hereinafter referred to as subject countries). The original anti dumping investigation was
initiated on 13.9.1996 and definitive anti dumping duty was recommended vide
final findings Notification No. 47/ADD/IW, dated 14.10.1997. Subsequently mid-term review was undertaken
vide Notification No. 21/1/99-DGAD, dated 26.4.1999 and definitive anti dumping
duty was recommended vide final findings Notification No. 21/1/99-DGAD, dated
19.4.2000. Sunset review of the anti
dumping duty was initiated vide Notification No. 26/1/2001-DGAD, dated
07.8.2001 and the final findings were issued vide Notification No.
26/1/2001-DGAD, dated 06.8.2002.
And whereas
definitive antidumping duty was imposed on the subject goods vide Customs
Notification No. 106/2002-Customs, dated 09.10.2002.
2. Product Under
Consideration
The product involved in the original investigation
and this current review is Acrylic Fibre. Acrylic Fibre is a
long chain of synthetic polymer composed of at least 85% by weight of Acrylonitrile which is the major raw material for
production of acrylic fibre. It is broadly described in terms of colour, length and denier of the fibre. It is used for the purpose of manufacturing
apparels, household items and it has a great industrial use etc. It is
classified under Chapter 55 of the Customs Tariff Act, 1975. It is further
classified under the heading 550330 of schedule-I of Custom Tariff Act and
55033000 as per Indian Trade Classification. The classification is, however,
indicative only and is in no way binding on the scope of the present
investigation.
3. Initiation
The Customs Tariff
(Amendment) Act 1995 and the AD Rules made there under require the Authority to
review from time to time the need for continuance of anti-dumping duty. The Designated Authority considers that the
mid term review of the anti dumping duty recommended would be appropriate at
this stage under the provision of rule
23 of AD Rules and section 9A (5) of the Customs Tariff (Amendment) Act, 1995
as amended. In terms of the above
provision one of the exporters, M/s.
Thai Acrylic Fibre Company Ltd., Thailand of the subject goods, have filed an application substantiating the need for mid term review
of the anti-dumping duty imposed on the subject goods originating in or
exported from Thailand.
4. Countries Involved:
The country
involved in the present investigation is
5. Grounds for Review
The
applicant has claimed that the conditions of dumping have changed substantially
requiring a review of the anti-dumping measure in force. The Designated
Authority had recommended anti dumping duty on imports of Acrylic Fibre from Thailand vide its final finding dated 6.8.2002
in the sunset review and the duties were subsequently notified vide custom
notification No. 106/2002-Customs, dated 9.10.2002. The applicant is subjected to anti dumping
duty @US$ 0.16/Kg. The applicant has claimed that a period of 3 ½ years has
already been lapsed since the imposition of existing duty and the dumping
margin determined in the sunset review as 12.39% had undergone significant
changes due to change in market conditions, cost and prices of subject
goods. The applicant has prima facie
filed the positive evidence regarding the dumping margin and claimed that it
has come down significantly warranting removal of existing duty.
The
applicant has claimed that they are not dumping the subject goods in
6. Procedure:
Having regard to the information provided by
the applicant indicating changed circumstances necessitating a review of the
measure in force, the Designated Authority now considers that a mid-term review
of the final findings notified vide No. 26/1/2001-DGAD dated 06.8.2002 and the
definitive anti dumping duty imposed by Notification dated 09.10.2002 is
appropriate in view of the changed circumstances, in terms of the provision of
Section 9A (5) of Customs Tariff (Amendment) Act 1995 read with Rule 23 supra.
The review covers all aspects of Notification No. 26/1/2001-DGAD dated 06.8.2002.
7. Period of Investigation:
The
period of investigation for the purpose of the present review is
8. Submission of Information:
The exporters in
subject countries, their government through their Embassies/High Commissions in
India/representatives, 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 prescribed and to make their views known to
the:
The Designated
Authority,
Ministry of
Commerce & Industry,
Department of
Commerce,
Directorate General
of Anti-Dumping & Allied Duties, (DGAD),
Room No. 240, 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.
9. Time Limit:
Any information relating
to the present review and any request for hearing 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 letter of this review notification. If no
information is received within the prescribed time limit or the information
received is incomplete, the Designated Authority may record its findings on the
basis of the facts available on record in accordance with the AD Rules.
10. Inspection of Public File:
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.
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.
(Christy
Fernandez)
Designated
Authority