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 Tariff 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:

PROCEDURE

The procedure described below has been followed with

regard to the investigation:

The Designated Authority (hereinafter also referred to as

Authority), under the above Rules, received information

from

reliable

sources

regarding

dumping

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

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

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):

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):

M/s Pengda Plastic Toys Factory, China

M/s DINGDA, China

M/s Bandor(Group) Company Jinjiang Fujian,, China

M/s Shanghai Arts, China

M/s China National Aero-Technology, China

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART I—SEC. I]

6. fo/s Toy Spirit Co Ltd., China

M/s K Y Corp Zhenjiang Lianyi Hats Factory, China

M/s Chaozhou Yingqun Craft Products Co. Ltd., China

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.

Information

regarding

injury

parameters,

cost

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;

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.

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

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.

(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.

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 conclusively

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

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and Published by the Controller of Publications, Delhi-110054.