TIIEGAZETTEOriNDIA GXTRAORDE-JARY

IVARTJ—s,EC p

MINISTRY OF COMMERCE AND INDUSTRY

(Department of Commerce)

(DIRECTORATE GENERAL OF ANTI-DUMPING AND AIXIED DUTIES)

INITIATION NOTIFICATION

New Delhi, the 27th August, 2002

Subject: Initiation of Anti-dumping investigation concerning import of Para Cresol from China PR.

No. 14/29/2002-DGAD.— M/ s. Atul Ltd., Gujarat 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 (hereinafter

referred to as the Authority) alleging dumping of Para Cresol originating in or exported

from China and requested for Anti Dumping investigations and levy of anti dumping

duties.

PRODUCTINVOLVED

The product involved in the present petition is Para Cresol (hereinafter referred 'to

as subject goods). It is classified under ITC HS code 290712 01 and under sub-heading

2907.12 of Customs Tariff Classification. The product finds major uses in Dyes and

pigments, perfumery and drug intermediates, optical brightener, surfactants, synthetic

food flavour, ultra violet light absorbers, anti-oxidants and stabilizers for lubricants The

Custom classification is however, indicative only and is in no way binding on the scope

of the present investigation.

DOMESTIC INDUSTRY

The petition has been filed by M/s. Atul Ltd., Gujarat. They are the only producer

of Para Cresol in India. Therefore, the petitioner accounts for 100% of the domestic

production of subject goods and therefore, the petitioners satisfy the criteria of standing

.as domestic industry to file the petition in terms of Rule 5(3) (a) of the Rules supra.

COUNTRYINVOLVED

The country involved in the present investigation is Peoples' Republic of China

(hereinafter referred to as the subject country).

LIKE ARTICLE

The petitioners have claime'd that there is no difference between the products

manufactured by them and the subject goods being imported from subject country.

Therefore, for the purpose of the present investigation, the goods produced by the

petitioners are being treated as 'like articles' to that imported from the subject country

within the meaning of the Rulc& biipm.

NORMAL VALUE

The petitioners have claimed Normal Value in respect of exports of subject goods

from China on the basis of constructed cost of production treating China as Non-market

economy. The Authority proposes to examine the claim of the petitioner in the light of

para 7 and 8 of Anncxure 1 of the Anti Dumping Rules 03 amended. The Authority has

prima facie considered the Normal value of subject goods in PR China on the basis of

constructed cost of production as made available by the petitioner.

EXPORT PRICE

The petitioners have determined export price for subject countries on the basis of

import figures collected from secondary sources. Adjustments have been claimed on

account of ocean freight, marine insurance, inland transportation in the country of export,

port handling and port charges to arrive at the Export Price at ex-factory level.

DUMPING MARGIN

There is sufficient evidence that Normal Value of the subject goods in the subject

country is significantly higher than the net export price indicating prima-facie that the

subject goods are being dumped by exporters from the subject country.

INJURY AND CAUSAL LINK

Petitioners have furnished information on various parameters relating to injury.

Parameters such as increase in volume of imports, low return on investment, increased

inventory, price under-selling, losses in the production and sale of subject goods and

negative return on investments in the manufacturing of subject goods prima-facie indicate

collectively and cumulatively that the Domestic Industry has suffered material injury on

account of dumping.

INITIATION OF ANTI-DUMPING INVESTIGATIONS

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 exporte* from the subject country.

PERIOD OF INVESTIGATION (POD

11.

The period of investigation for the purpose of present investigation is 1^st April

2001-31^st March 2002.

SUBMISSION OF INFORMATION

12.

The exporters in the subject country and the importers in India known to be

concerned with this investigation are being addressed separately to submit relevant

information in the form and manner prescribed and to make their views known to the

Designed

Authority, Directorate Gent-ial of Ant: Dumping & Allid Dulles

Department of Commerce, Ministry of Commerce and Industry. Government of India.

M>W^/oX

THKGAZfcTTE OF INDIA: EXTRAORDINARY

[PART I—SEC 1J

Udyog Dhavan, 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 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 the letter addressed to them separately.

INSPECTION OF PUBLIC FILE

14.

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.

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 SAPTHAR1SHI, Designated Authority

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