THE GAZETTE OF INDIA: EXTRAORDINARY

[PARTI—SEC:. 11

MINISTRY OF COMMERCE AND INDUSTRY

(Department of Commerce)

DIRECTORATE GENERAL OF ANTI-DUMPING AND ALLIED DUTIES

INITIATION NOTIFICATION

New Delhi, the 15th February, 2002

Subject: Initiation of anti-dumping investigation concerning import of Phenol from European Union, Singapore and

South Africa.

No. 14/4/2002-DGAD.—M/s. Hindustan Organic Chemicals Limited have filed a petition for initiation of anti

dumping investigation concerning the import of Phenol from European Union, Singapore and South Africa 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.

2. Domestic Industry: The petition has been filed by M/s. Hindustan Orgainc Chemicals Limited on behalf of the

domestic industiy. Other producers of Phenol in India are M/s. Herdillia Chemicals Ltd. and M/s. Neyveli Lignite Corporation

Ltd. However, on the basis of the evidence available before the Authority, it has been determined that the production of

M/s. Hindustan Organic Chemicals Ltd., account for more than 25% of the domestic industry and they have the standing

to file the petition on befalf of domestic industry as per Rule 5 of the Anti Dumping Rules.

3. Product under consideration: The product under consideration is "Phenol", also known as Carbolic Acid.

Phenol is a basic orgainc chemical normally classified under Customs sub-headings 270760 and 290711 of the Custom Tariff

Act. The Custom classification is indicative only and not binding on the scope of investigation. Phenol is used in the

manufacture of Phenol Formaldehyde Resins, laminates, Plywood, Particle board, Bisphenol A, Alkyl Phenols,

Pharmaceuticals, Dephenyl Oxide etc.

4. Countries involved: The countries involved in present investigation are European Union, Singapore and South

Africa (hereinafter referred to as subject countries).

5. 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 countries. Therefore, for the purpose of investigation, the Pheno] produced by

the petitioners is being treated as 'like articles' of phenol (hereinafter referred to as subject goods) imported from the

subject countries within the meaning of the Rules.

6. Normal Value: The petitioners have claimed normal value in the European Union and South Africa based on the

constructed cost of production of the subject goods. Regarding Singapore, the normal value has been claimed on the basis

of the exports from Singapore to third countries viz., Malaysia and Thailand. Sufficient prtma facie evidence has been

presented to the Designated Authority with regard to the normal value of subject goods in subject countries.

7. Export Price : The export price has been claimed on the basis of the data obtained from Director General

Commercial Intelligence & Statistics, Caluctta and compiled from secondary sources. Price adjustments have been claimed

on 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 countries.

8. Dumping Margin : There is sufficient prima facie evidence that the 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 the exporters from the subject countries.

9. Injury and Causal Link: The petitioner have furnished evidence regarding the injury having taken place as a

result of the allegedly dumped imports in the form of fall in their market share because of substantially increased volume of

dumped imports, price undercutting, lost sales and substantial decline in profitability for the domestic industry. There is

saSicent prima facie evidence of the material injury being suffered by the petitioner caused by dumped imports from

subject countries.

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

irj or exported from the subject countries.

11. Period of Investigation: The Period of Investigation for the purpose of present investigations is 1st April 2001

to 31st December 2001.

12. Submission of Information: The exporters and importers known to be concerned and domestic industry are

being informed separately to enable 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

UdyogBhavan, New DcItai-110011

THE GAZETTEOFINDIA; EXTRAORDINARY

[PART I—SEC. 11

13. Time Limit: All information relating to this investigation should be sent in witting 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 arcordance with the Rules supra.

14. Inspection of Public File: In terms of Rules 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 faots available to it and make such recommendations to the Central Government as deemed fit.

L.V. SAPTHARISHI, Designated Authority

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