REGD NO.D.L -33004/99

The Gazette of India

EXTRAORDINARY

PART I—Section 1

PUBLISHED BY AUTHORITY

No.

226]

NEW DELHI, THURSDAY, AUGUST 29, 2002/BHADRA 7,1924

2728

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THE GAZETTE OF INttA. EXTRAORDINARY

[PART 1—SEC . 1 ]

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THE GAZETTE OF INDIA EXTRAORDINARY

[PART I—SEC. 1]

MINISTRY OF COMMERCE AND INDUSTRY

(Department of Commerce)

(DIRECTORATE GENERAL OF ANTI-DUMPING AND ALLIED DUTIES)

INITIATION NOTIFICATION

New Delhi, the 27th August, 2002

Subject: Initiation of Anti-Dumping investigation concerning imports of Induction Hardened

Forged Steel Rolls from Russia, Ukraine and Korea RP.

No. 14/3/2002.- M/s Gontermann-Piper(lndia) Ltd., West Bengal 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 (hereinafter

referred to as the Authority) alleging dumping of Induction Hardened Forged

Steel Rolls from Russia, Ukraine and Korea RP (herein after called subject

countries) and has requested for Anti-Dumping investigation and levy of Anti-

Dumping Duties. The petition is also supported by M/s Heavy Enqineerina

Corporation, Ranchi

1.

Product involved: The product involved \n the present petition is

Induction Hardened Forged Steel Rolls, also known as Forged CRM(Cold

Rolling Mills Rolls) (above 300 mm size) (hereinafter referred to as subject

goods). These are primarily used by steel plants for cold rolling of ferrous

and non-ferrous coils obtained from Hot Rolling Mills.

Forged Rolls is classified under Chapter 84 of the Custom Tariff Act 1975

It is further classified as per Indian Trade Classification (Based on

Harmonized

Commodity Description and Coding System) under the

heading 8455.30.00. The classification is, however, indicative only and is

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

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2.

Domestic Industry standing:

The petition has been filed by M/s Gontermann-Piper (India) Ltd., West

Bengal and is also supported by M/s Heavy Engineering Corporation,

Ranchi. It has been indicated that small scale producers do not produce

such large dia Rolls and also M/s Tata Yodogawa Ltd. (TAYO),

Jamshedpur only does the machining work and not production.

The petitioner in the period 1,4.2001 to 30.6.2002 constitutes more than

50% of the total production of subject goods in India and thus have the

standing to file the petition on behalf of the domestic industry as per rule

5(3) (a) and (b) and also represents the Domestic Industry as per Rule

2(b) of Anti-Dumping Rules.

3.

Countries involved: The countries involved in the present investigation

are Russia, Ukraine and Korea RP.

4.

Like articles: The petitioner has claimed that the goods produced by

them are like article to the goods produced, originating in or exported from

the subject countries as both are used interchangeably. The goods

produced by the petitioner are being treated as like articles to the goods

imported from the subject countries within the meaning of the Rules 2(d).

5.

Normal value: The Authority notes that the petitioner has claimed normal

value of subject goods in

the subject countries on the basis of the

constructed normal value with appropriate adjustments. The petitioners

have submitted evidence to the effect that Russia and Ukraine nave been

treated as non-market economy by other investigating authorities in the

preceding three years. The petitioner in view of this amended Anti

Dumping Rules have claimed Russia and Ukraine as the non-market

economy for the purpose of this investigation. The Authority has prima

facie considered the normal value of the subject goods in the subject

countries as constructed on the basis of cost of production of subject

goods for these countries with appropriate adjustments as per the

amended Anti Dumping Rules.

6.

Export Price: The petitioners have considered the export prices of the

secondary source viz. Info Drive India Pvt. Ltd. which compiles customs

imports data and also the export orders placed from Russia and Ukraine

to one of the customers of the subject goods in India. The petitioner has

indicated that the data published by Directorate General of Commercial

Intelligence & Statistics (DGCI&S) may not be relevant in view of the fact

that different rolls with different varying weights may be clubbed under

one custom head thus not being indicative of the price at which these

goods have been imported into India. The ex-factory export price has

ft

THE GAZETTE OF INDIA EXTRAORDINARY

IP \R ; I —St-.c. 1 ]

been evaluated by allowing adjustments on landing charges, ocean

freight, marine insurance, inland freight and port and handling charges.

7.

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 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 countries. The prima facie dumping margin from these

subject countries viz. Russia, Ukraine and Korea RP Comes to 32,96%,

69.79% and 11.06% respectively.

8.

Injury and Causal Link ; The Authority notes that the Domestic Industry

has been forced to sell the subject goods which have not permitted them

recovery of reasonable cost of production leading to financial losses. The

Authority notes that M/s Heavy Engineering Corporation, Ranchi have

indicated loss on profitability and lost sales orders on account of alleged

dumping from the subject countries. The Authority also notes that in view

of demand of subject goods not a constraining factor, the injury caused to

the Domestic Industry prima facie has a causal link with the alleged

dumping.

9.

Initiation of Anti-Dumping investigation. The authority in view of the

foregoing paragraphs

initiates anti-dumping

investigation

into the

existence, degree and effect of alleged dumping of the subject goods

originating in or exported from the subject countries.

10.

Period of investigation: The period of investigation for the purpose of

present investigation is 1st April, 2001 to 30th June, 2002.

11.

Submission of Information: The exporters in the said subject countries

and the importers in India known to be concerned are Deing addressed

separately to submit relevant information in the form and manner

prescribed and make their views known to:-

The Designated Authority

Government of India

Ministry of Commerce & Industry

Department of Commerce

Udyog Bhavan

New Delhi-110011.

Any other interested party may also make its s> ibmissionc relevant to the

investigation in the prescribed form and manner within the time limit set

out below.

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12.

Time limit: 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 40 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 40 days

from the date of letter addressed to them separately.

13.

All parties must provide a non-confidential summary of any information

provided on a confidential basis in terms of Anti-Dumping Rule 7(2).

However, such information will be subject to acceptance in terms of Anti-

Dumping Rule 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 versions of the evidence submitted by other

interested parties.

15.

In case any interested party refuses access to and 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 Governments as deemed fit.

L. V. SAPTHARISHI, Designated Authority

Printed Ivy the Manager, Govt oi India Pros*. Ring Rnad, \Li�pun New Delhi-110064

and Published bv the Controller of Publicatitins Delhi-110054