REGD. NO. D. L.-33004/99 The Gazette of India
EXTRAORDINARY
PART I—Section 1
PUBLISHED BY AUTHORITY
No. 29] NEW DELHI, TUESDAY, JANUARY 30, 2001/MAGHA 10, 1922
(1)
291 GI/20012 THE GAZETTE OF INDIA : EXTRAORDINARY [PAKTI—SEC. 1] 34 THE GAZETTE OF INDfA : EXTRAORDINARY [PART I—SEC. 1] 56 THE GAZETTE Of INDIA : EXTRAORDINARY [PART I~SKC. 1]
MINISTRY OF COMMERCE AND INDUSTRY
(Department of Commerce)
(DIRECTORATE GENERAL OF ANTI-DUMPING AND ALLIED DUTIES)
NOTIFICATION
New Delhi, the 30th January, 2001
FINAL FINDINGS
Sub. : Anti-Dumping investigation concerning imports of Toys from People's Republic of China.
54/1/2000-DGAD.— Having regard to the Customs T a r i ff Act 1975 as amended in 1995 and the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, thereof:
A. PROCEDURE
1. The procedure described below has been followed with regard to the investigation:
i) The Designated Authority (hereinafter also referred to as Authority), under the above Rules, received information from reliable sources regarding dumping of Toys (hereinafter also referred to as subject goods) into India originating in or exported from People's Republic of China (hereinafter referred to as subject country),
ii) The Authority on the basis of prima-facie evidence as received decided to initiate the investigation against imports of subject goods from People's Republic of China _7 under Rule 5 (4). The Authority notified the Embassy of People's Republic of China in New Delhi about the receipt of the information before proceeding to initiate the investigation in accordance with sub-Rule 5(5) of the Rules.
iii) The Authority issued a public notice dated 20.11.2000 published in the Gazette of India, Extraordinary, initiating anti-dumping investigations concerning imports of the subject goods classified under custom Head 95.03 of Schedule I of the Customs Tariff Act, 1975 originating in or exported from People's Republic of China.
iv) The Authority forwarded a copy of the public notice to all the known exporters (whose details were obtained from various sources) and the industry associations and gave them an opportunity to make their views known in writing in accordance with the Rule 6(2):
v) Request was made to the Central Board of Excise and Customs (CBEC) to arrange details of imports of subject goods made in India during the past three years, including the period of investigation,
vi) The Authority provided a copy of the Initiation Notification to the known exporters and the Embassy of the subject country in accordance with Rules 6(3) supra. A copy of the Initiation Notification was also provided to other interested parties, wherever requested.
vii) The Authority sent a questionnaire to elicit relevant information to the following known exporters/producers in the subject country in accordance with the Rule 6(4):
1. M/s Pengda Plastic Toys Factory, China 2. M/s DINGDA, China
3. M/s Bandor(Group) Company Jinjiang Fujian,, China 4. M/s Shanghai Arts, China
5. M/s China National Aero-Technology, China8 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I—SEC. I]
6. fo/s Toy Spirit Co Ltd., China
7. M/s K Y Corp Zhenjiang Lianyi Hats Factory, China
8. M/s Chaozhou Yingqun Craft Products Co. Ltd., China
9. M/s Golden Baby Toys Co. Ltd. China
10. M/s China National Aero-Technology I /E Xiamen Corp, China
11. M/s Kingsun Enter Devep Co., China
12. M/s Changzhou Zhongyun Decorative Light, China
13. M/s Shenzhen Futian, China
14. hh/s thosWnk Electronics Ltd., Guangdong, Ch'ma
15. hK/s Shantou Haojing Light Industry Ltd., Guangdong, China
viii) The Embassy of the subject country in New Delhi was
informed about the initiation of the investigation in
- accordance with Rule 6(2) with a request to advise the
exporters/producers from the subject country to respond
to the questionnaire within the prescribed time. A copy of
the letter, Initiation Notification and questionnaire sent to
the exporters was also sent to the Embassy of the subject
country alongwith a list of known exporters/producers.
ix) Response/ information to the questionnaire/notification was
not filed by any of the exporters/producers from the
subject country.
x) Information regarding injury parameters, cost of
production was sought from the domestic industry, which
was furnished only \r\ part by the Association of Toy
manufacturers.
xi) The Authority examlmd the information provided by the
domestic industry.
xii) The Authority kept available non-confidential version of the
information QS obtained from various sources furnished by
various interested parties in the form of a public file
maintained by the Authority and kept open for inspection by
the interested parties;
J> xiii) ****in this notification represents information furnished on confidential basis and so considered by the Authority under the Rules.
xiv) Investigation was carried out for the period starting from 1.4.2000 to 30.9.2000 i.e. the period of investigation (POI).
B . VIEWS OF DOMESTIC INDUSTRY, EXPORTERS.
IMPORTERS AND OTHER INTERESTED PARTIES
No response was received from the exporters/producers of the subject goods. Further, the domestic industry and the importers did not furnish the complete requisite information in the matter.
C. EXAMINATION BY THE AUTHORITY
(i) PRODUCT UNDER CONSIDERATION AND LIKE
ARTICLES
The products under consideration are toys including soft toys mechanical toys, battery operated toys, electronic games/toys etc. classified under the Custom Head 95.03. The classification however is only indicative and is in no way binding upon the scope of the present investigation. In the absence of any submission made by any interested party in this regard, the Authority considers the subject goods imported from People's Republic of China as Like Articles to the same manufactured by the domestic industry in India.
*.V-x\io^-i
K) THE GAZETTE OF INDIA : EXTRAORDINARY [PART I—SEC. 1](ii) ASSESSMENT OF DUMPING
Normal Value
The Authority initiated the proceedings on the basis of the information received from the authorised source under the Rules. On the basis of the said information, the Authority determines the normal value of the subject goods on the basis of the subject country's exports to an appropriate third country. Thus the normal value is determined at US$ per unit as no information has been furnished in relation to normal value by any interested party.
Export Price
In the absence of any information relating to export price, the Authority determines it at US $ per unit as per the information received from the aforesaid source on the basis of which the proceedings were initiated.
[Dumping Margin
On a comparison, normal value of the subject goods is found significantly higher than the price at which it has been exported to India. Thus the Authority finds that the subject goods have been dumped into India by . the exporters of the subject country. The dumping margin is determined at US$ per unit which is 71.50% of the export price.
11 (D) ASSESSMENT OF INJURY
The domestic industry had submitted information on the various parameters of injury such as market share, low selling price and decline in profitability. However, the Authority finds that these parameters have not been substantiated by the domestic industry. In the absence of proper substantiation of injury claimed to have been suffered by the domestic industry, the Authority finds that the injury to the domestic industry is not conclusively established.
E. FINAL FINDINGS
In the light of the above, the Authority arrives at the following conclusion:-
(a) The toys described at para (C) above originating m or exported from People's Republic of China have been exported to India below normal value resulting in dumping.
(b) However, the injury to the domestic industry is not conclusively established.
(c) In view of the finding that Jhe injury claimed to have been suffered by the domestic industry \s not substantiated and, therefore, is not conclusively22 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I—SEC. 1]
established, the Authority is satisfied that there is not
sufficient evidence of injury to justify the continuation of
the present investigation. Therefore, the Authority
considers it appropriate to terminate the investigation
proceedings in the present case in terms of Rule 14 of
Customs Tariff (Identification, Assessment and Collection
of Anti-Dumping Duty on Dumped Articles and for
Determination of Injury) Rules, 1995.
L. V. SAPTHARISH1, Designated Authority Printed by the Manager. Govt. of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.