MINISTRY OF COMMERCE AND INDUSTRY

(Department of Commerce)

DntECTORATE GENERAL OF ANTI DUMPING AND ALLIED DITTIES

INITIATION (SUNSETREVD2W)

New Delhi, the 7th May, 2002

Subject: Initiation of Sunset Review regarding antidumping duty imposed on Metallurgical Cokefrom People's Republic

of China.

No. 14/13/2002-DGAD.— The Designated Authority (hereinafter referred to as

the Authority) 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 recommended imposition of the definitive Anti-Dumping duty on

THE GAZETTEOFINDIA: EXTRAORDINARY

[PART I—SEC. 11

importa of Metallurgical Coke originating in or exported from People's

Republic of China (hereinafter referred to as subject country).

The

Government of India vide Gazette Notification No.8/2/97-ADD dated 20^th

March, 1998 recommended preliminary anti dumping duty which was

imposed vide Custom's Notification dated 6^th May, 1998. The final duty was

recommended vide Gazette Notification No. 8/2/97-ADD dated 27"¹ August,

1998 and imposed by Customs Notification dated 27^th October, 1998.

Product involved:

The product under consideration in the

present review is Metallurgical Coke also referred to as Metcoke (also

referred as subject goods hereinafter) originating

exported

from the subject country and the detailed description of the product is

illustrated in Para 3 of the Final findings dated 27^th August, 1998.

The product is classified under Chapter 27 of the Custom Tariff Act

(Custom sub-head 27.04). The classification, is, however, indicative only and

is in no way binding on the scope of the present investigation.

INITIATION:

The Customs Tariff (Amendment) Act, 1995

and the Rules made

thereunder require the Authority to review from time to time, the need for

continuance

of Anti-Dumping

Duty.

The Authority

has received

representations from M/s Nava Bharat Ferro Alloys Limited, Hyderabad and

M/s Fairdeal Supplies Pvt. Ltd., Ahmedabad, the importers/users of the

subject goods indicating lowering of the dumping margin and also no injury

to the Domestic Industry by the imports of the subject goods from the

subject

country.

M/s

Indian

Metallurgical

Coke

Manufacturers

Association(IMCOM), New Delhi which includes original petitioner M/s BLA

also have requested for continuation of anti dumping duties after the expiry

of the five years period in view of the continued injury to the Domestic

Industry.

The Designated Authority notes the various representations and

considers that the Sunset Review of the existing anti dumping duty on the

subject goods from the subject country would be appropriate at this stage

under the provisions of Section 9(A) of the Customs Tariff Act, 1975 as

amended in 1995.

PROCEDURE:

The Designated Authority hereby initiates Sunset Review to review as

to whether cessation of the anti dumping duty is likely to lead to

continuance or recurrence of dumping and injury as per Section 9 A (5) of

Customs Tariff (Amendment) Act, 1995 and therefore to review as per Rule

23 (1) of the Customs Tariff (Amendment) Act, 1995 and the Customs Tariff

(Identification, Assessment and Collection of Anti-Dumping Duty on Dumped

Articles and for Determination of Injury) Rules, 1995 the need for continued

imposition of the anti dumping duty on imports of Metallurgical Coke

originating in or exported from people's Republic of China.

PERIOD OF INVESTIGATION:

The period of investigation for the purpose of Sunset Review is from l^8t

April, 2001 to 31^8t March, 2002.

DOMESTIC INDUSTRY;

The Authority in the Final Findings dated 27.8.98 had held four

domestic producers viz. M/s BLA, M/s Southern Fuels, M/s Wellman and

M/s Gujarat NRE as representing the Domestic Industry. The Authority

notes that since the final Findings dated 27.8.98 certain other domestic

producers viz. M.s Antai Balaji Coke Ltd., and

M/s Saurashtra Fuels (Pvt.)

Ltd. are also now in production of the subject goods. The Authority noting

the changed scenario would appropriately determine the scope of the

Domestic Industry as per the provisions of the anti dumping rule-2(b).

Submission of Information: The

producers and exporters of the

subject goods in the subject country 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.

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: Any 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.

Non-confidential summary: All interested parties must provide 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)

THEGAZH1TE OF INDIA: EXTRAORDINARY

[PART I—SEC. 11

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.

10.

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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