MINISTRY OF COMMERCE AND INDUSTRY
(Department of Commerce)
Directorate General of Anti-dumping
& Allied Duties
INITIATION NOTIFICATION
(Mid-term Review)
No.15/17/2004-DGAD – Whereas
having regard to the Customs Tariff Act, 1975 as amended in 1995 and the Customs Tariff
(Identification, Assessment and Collection of Anti Dumping Duty on Dumped Articles and
Determination of Injury) Rules, 1995 (herein after referred to as the Rules), vide
Notification No.43/1/2001-DGAD dated 12th August, 2002, the Designated
Authority (herein after referred to as the Authority) notified its final findings
recommending definitive anti dumping duty on import of Acrylic Fibre below 1.5 denier
(hereafter referred to as subject goods) originating in or exported from Italy
(hereinafter referred to as subject country).
AND WHEREAS definitive anti dumping
duty was imposed on the subject goods vide Customs Notification No.95/2002 –Customs
dated 12th September, 2002.
2.
Request for Review :
WHEREAS the Rules require the Authority to review from time to time, the need for continued imposition of Anti Dumping Duty and if it is satisfied on the basis of information received by that there is no justification for continued imposition of such duty, the authority may recommend to the Central Government for its withdrawal.
International Rayon and Synthetic Fibres Committee (CIRFS)- hereinafter referred to as applicant has made a request for review of anti dumping duty imposed on imports of subject goods due to changed circumstances with regard to injury. The request for the review has been fully supported by the European Commission (EC).
CIRFS, who had participated in the original investigation, has requested for the review on the grounds that there is absence of price undercutting by imports from European Union. In support of their request, the applicant has furnished information regarding CIF price of European exporters, its landed value and Asian prices of subject goods. An additional ground seeking the review is the situation of the Indian industry. It has been claimed by the applicant that the domestic industry suffers from serious inefficiency rather than injurious imports.
3. Initiation :
Having regard to the positive information furnished by the applicant regarding the absence of price undercutting by imports from EU countries indicating changed circumstances, the Designated Authority considers that a Mid-term Review of anti dumping duty imposed as per the aforesaid notification is appropriate in view of the changed circumstances in terms of provisions of Section 9A (5) of the Customs Tariff Act read with Rule 23 of the above Rules.
Having decided to review the final findings issued vide Notification No.43/1/2001-DGAD dated 12th August, 2002, the Authority hereby initiates the investigation in terms of the Rules to review whether continued imposition of the duty on imports of subject goods originating in or exported from subject country is necessary.
The product under consideration in the
original investigation was acrylic fibre below 1.5 denier and for the present review also
the product under consideration is acrylic fibre below 1.5 denier. The product is covered under Heading No.5501.30
and 5503.30 of Chapter 55 of the First Schedule of the Customs Tariff Act and ITC HS
Classification. This classification, however,
is indicative only and is in no way binding on the scope of the present investigation.
5.
Procedure :
(i)
This review will be
covered by the provisions of Rule 23 and other relevant provisions of the Rules supra. The
investigation in this review will determine whether the continued imposition of the duty
is necessary to offset dumping, whether the injury would be likely to continue or recur if
the duty were removed or varied, or both.
(ii)
The review will
cover all aspects of Notification No. 43/1/2001-DGAD dated 12th August, 2002.
(iii)
The period of
investigation (POI) for the purpose of the
present review will be 1st April
2003 to 31st March 2004. However,
injury analysis shall cover the period of
three preceding years also in addition to the POI.
(iv)
The country
involved in this investigation is Italy.
6.
Submission of Information :
The exporters in subject country, the
Government of the subject country through its 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 prescribed and to make their views known to the-
The Designated Authority
Directorate General of Anti-Dumping and
Allied Duties
Department of Commerce
Udyog Bhavan
New Delhi-110011.
Fax No : 91-11-23014418
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.
7.
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 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 Designated Authority may record its findings on the basis of the facts available on
record in accordance with the Rules supra.
8.
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.
(Abhijit Sengupta)
Designated Authority