REGD. NO. D. L.-33004/99 The Gazette of India
EXTRAORDINARY
PART I—Section 1
PUBLISHED BY AUTHORITY
No. 781] NEW DELHI, MONDAY, MARCH 19, 2001/PHALGUNA28,1922
858 Gl/2001
( I)2 THE GAZETTE OF INDIA: EXTRAORDINARY f PAKT 1—St?r. 11 3 4 THE GAZETTE OF INDIA: EXTRAORDINARY [PART I—SEC. 1]
MINISTRY OF COMMERCE AND INDUSTRY
(Department of Commerce)
INITIATION NOTIFICATION
New Delhi, the 19th March, 2001
Subject: Initiation of Anti-dumping investigation concerning import of Vitamin AD3 500/ 100 originating in or exported from European Union and Singapore
No. 16/1/2001-DGAD.— M/s. Nicholas Piramal India Limited, Mumbai has filed a petition in accordance with the Customs Tariff Act, 19755 as amended in 1995 and Customs Tariff (Identification, Assessment and Collection of Anti Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 before the Designated Authority (hereinafter referred to as the Authority) alleging dumping of Vitamin AD3 500/100 originating in or exported from European Union and Singapore and requested for Anti Dumping investigations and levy of anti dumping duties.
PRODUCT INVOLVED:
2. The product involved in the present petition is Vitamin AD3 500/100 (also referred as subject goods hereinafter) originating in or exported from European Union and Singapore. Vitamin AD3 500/100 is a light brown coloured fine granular powder. The individual particles contain Vitamin A Acetate and Vitamin D3 microencapsulated in gelatin and sucrose. EMQ is added as an anti- oxidant
Each gram of Vitamin AD3 500/100 contains
500000 IU 100000 IU
Vitamin A Vitamin D3
The Vitamin AD3 500/100 is used in animal/poultry/prawn feed to provide required Vitamin Level for better nutrition. The pharmaceutical companies having veterinary divisions use this product to manufacture animal health dry products.
Vitamin AD3 500/100 falls under Chapter 23 of the Custom Tariff Act. However, the petitioner has claimed that the product has not been categorised precisely under single dedicated Customs sub-heading, but it has been covered under the category of others preparations of a kind used in animal feeding. Some imports of the Vitamin AD3 500/100 have also being done under Customs sub-heading no. 29.36. Present investigation covers all forms of Vitamin AD3 500/100.
The classification is, however, indicative only and is in no way binding on the scope of the present investigation.
DOMESTIC INDUSTRY:
3. The petition has been filed by M/s. Nicholas Piramal India Limited, Mumbai. The Petitioner has claimed that they are the only6 THE GAZETTE OF INDIA: EXTRAORDINARY [PART I—SEC. IJ manufacturer of Vitamin AD3 in India. Being the sole manufacturer, the Petitioner has the standing to file the petition as per the Rules.
COUNTRIES INVOLVED:
4. The petitioner has provided evidence of dumping of the product involved from the Federal Republic of Germany and France - both members of European Union (EU) apart from Singapore. As there is no customs boundaries in the EU between various member countries, it has been argued that for the purpose of this investigation EU should be treated as. a territory subject to investigation. The submissions of the petitioner have been accepted and therefore, the present investigation is against European Union (all member countries) and Singapore (hereinafter referred to as the subject countries).
LIKE ARTICLES:
5. The petitioner has claimed that goods produced by them are like articles to the goods produced, originating in or exported from the subject countries. Therefore, for the purpose of the investigation, the goods produced by the petitioner are being treated as 'like article' of Vitamin AD3 500/100 (hereinafter referred to as subject goods) imported from the subject countries within the meaning of the Rules.
NORMAL VALUE:
6. The petitioner has claimed Normal Value based on the basis of constructed cost of production of the subject goods with reasonable addition for administrative, selling cost and for profits. Prima facie evidence has been produced to the Designated Authority with regard to the Normal Value of Vitamin AD3 500/100.
EXPORT PRICE:
7. The petitioner has claimed that the Vitamin AD3 was imported under different headings of the Customs Tariff Act and thus the product cannot be categorized precisely under single dedicated Custom sub-heading, but it has been covered under the category of other preparations of a kind used in animal feeding. Some imports of the Vitamin AD3 are also being done under customs sub-heading no. 29.36, thus the published official statistics of the Government,7 such as DGCI&S does not reflect the true and correct picture either with regard to volumes or the prices of the subject goods in India.
In view of the above, the petitioner has established the export price from the secondary sources (private data compiling agencies). Necessary evidence to that effect has been produced.
Adjustments have been claimed on account of Ocean Freight, Marine Insurance, Commission, Inland Transportation and loading, Unloading and Port Expenses to arrive at the Ex-factory prices.
DUMPING MARGIN:
8. There is sufficient prima-facie evidence that Normal Value of the subject goods in the subject countries is significantly higher than the net export price indicating prima-facie that the subject goods are being dumped by exporters from the subject countries.
INJURY AND CAUSAL LINK:
9. Various parameters relating to injury such as the decline in export price, decline in the sales realization, increase in losses of the Domestic Industry and failure of Domestic Industry to realise fair and reasonable price from sale of the subject goods, prima-facie indicate collectively and cumulatively that the Domestic Industry has suffered material injury on account of dumping.
INITIATION OF ANTI-DUMPING INVESTIGATION:
10. 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 countries.
PERIOD OF INVESTIGATION (POD:
11. The period of investigation for the purpose of present investigation is 1st April, 2000 to 31st December, 2000 (9 Months).
8 THE GAZETTE OF INDIA: EXTRAORDINARY rpARTl—SEC. 11SUBMISSION OF INFORMATION:
12. The exporters in the subject countries and the importers in India known to be concerned are being addressed separately to submit relevant information in the form and manner prescribed and to make their views known to the Designated Authority, (Directorate General of Anti-Dumping & Allied Duties), Department of Commerce, Ministry of Commerce & Industry, Government of India, Udyog Bhawan, New Delhi-110011. 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/
TIME LIMIT:
13. Any information relating to the present investigation should be sent in writing so as to reach the Authority at the address mentioned above not later than thirty days from the date of publication of this notification. The known exporters and importers, who are being addressed separately, are, however, required to submit the information within forty days from the date of letter addressed to them separately.
INSPECTION OF PUBLIC FILE:
14. In terms of Rute 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. SAPTHARISHI, Designated Authority Printed by the Manager, Govt. of India Press, Ring RoHd, Mayapurl, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054