MINISTRY OF COMMERCE AND INDUSTRY

(Department of Commerce)

(DIRECTORATE GENERAL OF ANTI DUMPING AND ALLIED DUTIES)

INITIATION NOTIFICATION

New Delhi, the 11th December, 2001

Subject :—Initiation of anti-dumping investigation concerning import of Hydrofluoric

Acid from People's Republic of China.

No. 62/1/2001-DGAD.—JM/s All India Hydrofluoric Acid

Manufacturers (AHF) Association on behalf of the domestic

industry has filed a petition in accordance with the Customs

Tariff Act, 1975 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 (herein after

referred

the

Authority)

alleging

dumping

Hydrofluoric Acid from People's Republic of China (herein

after referred to as subject country) and requested for anti

dumping investigations and levy of anti dumping duties.

Product involved;

The product involved in the

present petition is Hydrofluoric Acid (also referred as subject

goods hereinafter) originating in or exported from the subject

country and classified under Customs Sub-heading 281111

of the Customs Tariff Act, 1975. Hydrofluoric Acid could be

Anhydrous Hydrofluoric Acid or dilute. It is an inorganic

chemical classified under Chapter 28 of the Customs Tariff

Act under Customs Sub-heading 281111 of the Customs

Tariff Act, 1975 and is used as a catalyst for gasoline

Alkylation manufacture of Inorganic Fluorides, Fluorinated

Hydrocarbon Compounds, Refigerants. It is also used as a

pickling agent for descaling stainless strips and high silicon

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[PART I—SEC. 1]

sheets, glass etching and also for production of misc. fluorides.

The product is also available in various forms and purities. The

classification, is, however, indicative only and is in no way

binding on the scope of the present investigation.

Domestic Industry Standing: The petition has been

filed by the M/s All India Hydrofluoric Acid Manufacturers

(AHF) Association, Cuddalore. The petition is supported by M/s

Tanfac Industries Ltd and M/s Navin Fluorine Ltd. M/s

Shriram Fibres Ltd. and M/s Gujarat Fluorine Chemicals Ltd.,

the other two producers consume Hydrofluoric Acid captively.

On the basis of the production of M/s Tanfac Industries Ltd

and M/s Navin Fluorine Ltd. for merchant purposes, the

petitioners satisfy the standing to file petition as per Rule 5(a)

and (b) and also represent the domestic industry as per Rule

2(b).

Countryfieg) involved:

The country involved in present

investigation is People's Republic of China (hereinafter referred

to as to as China PR or subject country)

Like Articles: The petitioner has claimed that goods

produced by them are like articles to the goods produced,

originating in or exported from the subject country as they are

technically and commercially substitutable. Accordingly, goods

produced by the petitioner are being treated as like articles to

the goods imported from the subject country within the

meaning of the Rules.

Normal Value: In accordance with the amended Anti-

Dumping Rules as notified vide Notification No. 44/99-CUS(NT)

dated 15-7-99 and Notification No.28/2001(N.T.)

dated 31^st

May, 2001, the petitioners have claimed Normal Value for

China PR based on the basis of Constructed Normal Value of

the subject goods in India which has been considered by the

Authority as a prima facie evidence for Normal Value of subject

goods in China PR.

Export Price; The petitioner has claimed that Import

Statistics are available through DGCI&S, Calcutta for the

period April, 2001 to June, 2001 and secondary sources

from July-September, 2001. The petitioner has claimed

adjustments on account of ocean freight, marine insurance,

inland freight, port expenses and commission to arrive at

the ex-factory price.

Dumping Margin:

There is

sufficient

prima-facie

evidence that the normal value of the subject country is

higher than the price at which it has been exported to India

indicating prima-facie that the subject goods are being

dumped by the exporters from the subject country.

Injury and Causal Link: Various parameters relating

to injury such as suppressed domestic price, loss of orders

etc. prima-facie indicate that domestic industry has suffered

material injury on account of dumping. Demand is prima

facie not a cause of injury.

Initiation

Anti-Dumping

Investigation:

The

Designated Authority, in view of the foregoing paragraph,

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.

10. Period of Investigation:

The period of investigation

for the purpose of present investigation is 1^st April, 2001 to

30^th September, 2001.

11. Submission of Information: The exporters in the

subject countries/territory 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 at the following address:-

Designated Authority

Ministry of Commerce & Industry

Department of Commerce

Directorate General of Anti Dumping

& Allied Duties

Udyog Bhavan, New Delhi- 110011.

aw/⁶*/**?—*2.

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[PART I—SEC. 1]

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.

12.

Time Limit: Arty information relating to the present

investigations should be sent in writing so as to reach the

Authority at the address mentioned above not later than

forty 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.

13.

Non-confidential summary:

All interested parties

mustprovide a non-confidential summary of any information

provided on a confidential basis in terms of Anti-Dumping

Rule 7(2). This information will be subject to acceptance in

terms of Rules 7(1) and 7(2)

14.

Inspection of Public File: In 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 SAPTHARISHI, Designated Authority

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