MINISTRY OF COMMERCE AND INDUSTRY

(Department of Commerce)

DIRFCTORATE GENERAL OF ANTI-DUMPING & ALLIED DUTIES

INniATIONNOTTFlCATION

New Delhi, the 19th March, 2001

Subject: Initiation of Anti-dumping investigation concerning imports of Zinc Oxide from Nepal.

No. 7/1/2001-DGAD.—M/s. Transpek Industries Ltd., Baroda and M/s. Demosha Chemicals Limited,

Mumbai have filed a petition, on behalf of Ihe domestic industry, in accordance with the

customs Tariff (Amendment) Act, 1995 and Customs Tariff (Identification, Assessment

and Collection of Anti-dumping duty on dumped articles and for determination of duty)

Rules, 1995 before the Designated Authority (hereinafter referred to as me Authority)

alleging dumping of Zinc Oxide from Nepal (herein referred to as subject country) and

have requested for Anti-Dumping investigation and levy of Anti-Dumping duties.

Domestic Industry standing:

The petition has been filed by M/s Transpek

Industries Ltd. and M/s Demosha Chemicals Ltd. having registered offices at

Kalali Road, Attadra Road, Vadodara, Gujarat and 105A, Mittal Towers, 210,

Nariman Poinl, Mumbiri-400021 respectively. The petitioners account for a major

proportion of the domestic production of Zinc Oxide in the country. Therefore,

the petitioners satisfy the standing to file the petition on behalf of the domestic

industry as per Rule 5(a) and (b) and Rule 2 (b).

Product involved:

The product involved in the present investigation is Zinc

Oxide (herein referred to as subject goods), originating in or exported from the

subject country and classified under Customs Sub-heading 2817.0001 of the

Customs Tariff Act, 1975. The classification is however, indicative only and is in

no way binding on the scope of the present investigation.

Countries involved: The petitioner has alleged dumping of Zinc Oxide from

Nepal (herein referred to as subject country).

Like articles: The petitioner has claimed that the goods produced by them and as

classified by Custom Tariff under head 2817.0001 have no substitute and are

technically and commercially subslilulable with Ihe goods imported Jrorn Nepal

and, therefore, be treated as like articles to the goods imported from the subject

country within the meaning of the Rules.

formal value: The normal value has been constructed on the basis of the cost of

production data provided by the petitioner with appropriate adjustments for the

subject country.

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART I—SEC. 1]

Export Price: The petitioner has claimed Export price based on data provided

by Directorate General of Commercial Intelligence and Supplies (DGCLfcS).

Appropriate adjustments on commission, freight, loading charges and insurance

have been considered to evaluate the ex-factory export price of die subject goods

from the subject country.

pimping margin; There is juifiGcienl prima-facie evidence thai (he normal value

of the subject goods in the subject country is significantly higher than the price at

which it has been exported to India indicating prima-facie that die subject goods

are being dumped by the exporters from the subject country.

Injury: Various parametere relating to injury such as price undercutting by the

dumped imports, financial losses due to depressed prices despite stable demand,

prima-facie collectively and cumulatively indicate that the domestic industry has

suffered material injury on account of dumping from subject country.

foregoing paragraphs initiates anti-dumping investigation into the existence,

degree and effect of alleged dumping of the subject goods originating in or

exported from the subject country.

11.

Period of investigation: The period of investigation for the purpose of present

investigation is 1.4.99 to 30.9.2000.

12.

Submission of information: The exporters in die said country and importers in

India known to be concerned are being addressed separately to submit relevant

information in die form and manner prescribed and make flieir views known to:-

The Designated Authority

Government of India

Ministry of Commerce & Industry

Department of Commerce

Udyog Bhavan

New Delhi-l 10011.

Any other interested party may also make its submissions relevant to die

investigation in the prescribed form and manner within the time limit set out

below.

13.

Time limit: Any information relating to die present investigation should be sent

in writing so as to reach die Authority at die address mentioned above not later

than An H^vn irnm thn H»t« nf nublication of this notification.

The known

exporters and importers who are being addressed separately are however, required

to submit the information widrin 40 days from the date of letter addressed to them

separately.

14.

All parties must provide a non-confidential summary of any information provided

on a confidential basis in terms of Anti-Dumping Rule 7(2). Please, however,

note that such information will be subject to acceptance in terms of Anti-Dumping

Rule 7(1) and 7(2).

15.

In terms of rule 6(7) any interested party may inspect the public file containing

non-confidential venriurui of Ihc evidence submiUed by other interested parlies

after expiry of time limits sot.

16.

In case any interested party refuses access to and 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

.'nntcaDy^ManagcrGovt. of India Press, K,ng Road, Mayapuri. New Dc.hi-1.0064

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