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
G I / 2 0 0 2
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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