MINISTRY OF COMMERCE AND INDUSTRY

(Department of Commerce)

(Directorate General of Anti Dumping and Allied Duties)

INITIATION NOTIFICATION

New Delhi, the 7th February, 2001

Subject:

Initiation

of anti-dumping investigation concerning

import of Phosphoric Acid (Technical grade) originating

in or exported from People's Republic of China,

No. 11/1/2001-DGAD.- M/S. Gujarat Alkalies & Chemicals Limited,

Baroda and M/s. Bilt Chemicals Limited, Secundrabad, have filed a petition

for initiation of anti dumping investigation concerning the import of

Phosphoric Acid (Technical grade) from the People's Republic of China in

accordance with Rule 5(1) of the Customs Tariff (Identification, Assessment

and Collection of Anti Dumping Duty on Dumped Articles and for

Determination of Injury) Rules 1995.

Domestic Industry:

The petition has been filed by M/s, Gujarat

Alkalies & Chemicals Limited, Baroda and M/s. Bilt Chemicals Limited,

Secundrabad on behalf of the domestic industry.

The petitioners are the

only domestic producers of Phosphoric Acid (Technical grade) in the

country and therefore have a standing to file the petition on behalf of

domestic industry under the Rules above said.

Product i Inder Consideration:

The

product

involved

"Phosphoric Acid (Technical grade)" falling under Chapter 28 of Schedule I

of Custom Tariff Act relating to 'inorganic chemicals'. Custom sub-heading

2809.20 relates to Phosphoric Acid but includes all grades of Phosphoric

Acid. However, it is only the technical grade of Phosphoric Acid which is

the subject matter of the present investigation.

The technical grade of

Phosphoric Acid has a purity level of 85% or above and is used for the

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[PART I—Sue. 11

production of sodium phosphate, calcium phosphate, magnesium phosphate,

ammonium phosphate, etc. Though Phosphoric Acid is produced in various

grades, however, it is only the technical grade which is the subject matter of

this petition. Other grades of Phosphoric Acid which have lower purity level

are not the subject matter of present investigation.

Further, the custom

classification is only indicative and not binding pn the scope of present

investigation.

Country involved:

The petitioners have provided evidence of

dumping of the product under consideration from PR China (hereinafter

referred to as subject country) and have requested for initiatipn of

investigation against this country.

Like Article:

The petitioners have claimed that the goods

produced by them are 'like article' to the goods originating in or exported

from the subject country, Therefore, for the purpose pf investigation, the

goods produced by the petitioners are being treated as 'like articles' of

Phosphoric Acid (Technical grade) (hereinafter referred to as subject goods)

imported from the subject country within the meaning of the Rules.

Normal Value:

The petitioner has claimed normal value baaed on

the constructed cost of production of the subject goods. Sufficient evidence

has been presented to the Designated Authority with regard to the normal

value of subject goods in subject country.

Export Price:

The export price has been claimed on the basis of

the data compiled from secondary sourpes based on Customs Daily Lists.

Price adjustments have been claimed QJ\ account of landing charges, ocean

freight, marine insurance, commission, port handling etc., to arrive at net

export price.

There is sufficient evidence of export price and the

adjustments claimed for the subject goods from subject country.

Dumping Margin:

Thbre is sufficient prima facie evidence that

the normal value of the subject gdods in the subject country is significantly

high«r than the net export price indicating prima facie that the subject goods

are being dumped by the exporters from the subject country.

Injury attd Causal Link:

Because of the dumped imports at low

price's of the subject goods the sales realisation to the domestic industry has

been quite low and significantly below the fair selling prices resulting in

losses on the sale Of subject goods. Further, there has been a fall in the

capacity utilisation of the domestic industry owing to increased volume of

imports reducing the share Of domestic industry in the market. There is

sufficient prima facie evidence before the Designated Authority that the

domestic industry has suffered material injury caused by dumped imports of

subject goods from Subject country,

10.

Initiation of Anti Dumping Investigation

The Designated

Authority, in view of the foregoing paragraphs, initiates anti dumping

investigations into the existence, degree and effect of alleged dumping of the

subject goods originating in or exported from the subject country.

11.

The period of investigation for the purpose of present investigations is

1^st April 2000 to 31^st December 2000 (9 months).

12.

Submission df Information The exporters and importers known to

be cohcerned arid domestic industry are being informed separately to enable

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[PART I—SEC. 1]

them to file all information relevant in the form and manner prescribed. Any

other party interested to participate in the present investigation may write to:

The Designated Authority

(Directorate General of Anti-Dumping & Allied

Duties)

Government of India

Ministry of Commerce & Industry

Udyog Bhavnn

New Delhi-110011

13.

Time Limit:

All information relating to this investigation

should be sent in writing so as to reach the Authority at the above

address not later than 40 days from the date of publication of this

notification. If no information is received within the prescribed time

limit or the information received is incomplete, the Authority may

record their findings on the basis of the facts available on record in

accordance with the Rules supra.

14.

Inspection of Public File: Tn terms of Rule 6 (7), any interested

party may inspect the public file containing non-confidential version

of the evidence submitted by other interested parties.

15:

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.

L V. SAPTHAR1SHI, Designated Authority

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