REGD.NO. D. L.-33004/99
The Gazette of India
EXTRAORDINARY
PART I—Section 1
PUBLISHED BY AUTHORITY
NO.
214]
NEW DELHI, TUESDAY, AUGUST 20, 2002/SRAVANA 29, 1924
2603 GI 2002
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THE GAZETTE OF INDIA: EXTRAORDINARY
[PART I—SEC. 1]
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THE GAZETTE OF tNDl A, EXTRAORDINARY
[PARTI—SKC 11
MINISTRY OF COMMERCE AND INDUSTRY
INITIATION NOTIFICATION
Now Dcfhi, the 19th August, 2002
Subject ; Initiation of anti-dumping investigations concerning import of Methylene Chloride origi-
nating in or exported from European Union, South Africa and Singapore.
No. 17/1/2001-DCAD.—M/s, Gujarat Alkalies & Chomicala Ltd., Vadodura, has filed a petition
before the Designated Authority (hereinafter referred to as the Authority) in aecordanco with the Customi
Tariff (Amondm^t) Act. 1995 and Customs Tariff (Identification, Assessment and Collection of Anti-Dumping
Duty on Dumped Articles and for Determination of Injury) Rules, 1993 alleging dumping of Mothylone
Chloride originating in or exported from European Union, wSouth Africa and Singapore and has requested for"
initiation of anti-dumping investigations and levy of anti-dumping duties,
1. Product Involved; The product under investigation in the present case is Methylene Chloride.
Methylene Chloride is a solvent belonging to the Chloromethane family of solvents. Methylene
Chloride is a colorless, volatile liquid with a chloroform - like odour. The chemical formula of
Methylene Chloride is CH2C12. There are two technologies/routes for the production of
Methylene Chloride and the product produced through the two routes has similar technical
specifications. Methylene Chloride is used in the photo films, bulk drugs and pharmaceutical
industries.
It is also consumed for manufacture of foam, resin casting, fumigants and
agrochemical. It is mainly used as a paint stripper.
Methylene Chloride is classifed under customs sub-heading 2903.12 of Chapter 29 of the Customs
Tariff Act and 29031200 of the ITC (HS) Code.The classification is however indicative only and
in no way binding on the scope of the present investigations.
2. pomestic Industry Standing; The petition has been filed by M/s Gujarat Alkalies & Chemicals
Ltd., Vadodara. The petitioner has stated that the following companies arc the producers of
Methylene Chloride in India:-
(a)
M/s Gujarat Alkalies & Chemicals Ltd., Vadodara
(b)
M/s Chemplast Sanmar, Chennai
(c)
M/s SRF Limited, Mumbai
M/s Chemplast Sanmar, Chennai has supported the petition. The petitioner and the supporter
satisfy the standing to file the present petition.
3. CountrvfiesV Territory
Involved: The countries/territory involved in the present
investigations are the European Union, South Africa and Singapore (referred to as subject
countries/territory hereinafter).
4. Like Goods; The petitioner has claimed that goods produced by it are like articles to the
goods originating in or exported from European Union, South Africa and Singapore . Goods
produced by the petitioner are being treated as Like Articles to the goods imported from the
subject countries/territory within the meaning of the Rules.
5 Dumping and Dumping Margin;
Normal Value: The petitioner has claimed normal value in European Union on the basis of
information contained in a leading journal, viz., Chlor Alkali and have supplemented their
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Claims of riOnnai value on the basis o[ estimates of cost of production in the subject territory.
The petitioner has cloned that the published prices do not permit recovery of cost of
production to the producers in the subject territory. For HSouth Africa and Singapore, the
petitioner has claimed normal value on the basis of constructed cost of production.
Export price:
The petitioner has claimed export price based on the on the data published by
Kandla Port and DGCIS.
Considering the normal value and export price the dumping margins are significantly higher
than the de-minimis limit.
There is sufficient evidence that the normal values of the product under consideration in the
European Union, South Africa and Singapore are significantly higher than the prices at which it
has been exported to India, indicating, prima facie, that the subject goods are being dumped by
the exporters from the European Union, South Africa and Singapore.
6. Injury and Causal Link: The various economic indicators relating to domestic industry
such as production, sales, profit/loss etc. collectively and cumulatively, indicates that the
domestic industry has suffered injury. There is sufficient prima facie evidence that the imports
of the product under consideration have caused material injury to the domestic industry.
7. Initiation of Anti-Dumping Investigation: In view of the foregoing paragraph, the
Designated Authority initiates anti-dumping investigations to determine the existence, degree
and effect of alleged dumping of the subject goods originating in or exported from the subject
countries/territory.
8. Period of Investigation: The period of investigation for the purpose of the present
investigations is 1st April, 2001 to 31st March, 2002 (12 months).
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9. 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, Ministry of Commerce, Directorate of Anti- Dumping, 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.
10. 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.
£6,CT,/fi>ll6L-X
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THE GAZETTE OFjND) A. EXTRAORDINARY
[PART I—Sgc, I]
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Anti-dumpif^ investigations being a time bound exercise, the Designated Authority may
record its Findings on the basis of facts available on record in accordance with the Rules supra,
if no response is received within the time stipulated or the information is incomplete in any
respect.
12.
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.
13. 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 SAPTHARISH1, Designated Authority
I'r:n!ed !-v Ihs Murmur. '"' .v nf Tna.,i i'•„'•••, 'ling Rnad, Mayapuri, Now Delhi-110064
and
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P u b l i c a t i o n ,
D e l h i - 1 1 0 0 5 4 .