THE GAZETTE OF INDIA' EXTRAORDINARY

[PAKTI- SEC 1]

MINISTRY OF COMMERCE AND INDUSTRY

(Department of Commerce)

(DIRECTORATE OF ANTI-DUMPING AND ALLIED DUTIES)

INITIATION NOTIFICATION

New Delhi, the 9th September, 2002

Subject : Initiation of Anti-dumping investigation concerning imports into India of Non-Brass Metal Flashlights origi-

nating in or exported from China TR

No. 14/27/2002-DGAD.— M/s Eveready Industries India Limited has

filed a petition in accordance with the Customs Tariff Act, 1975 a3

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 Non-Brass Metal Flashlights originating in or exported from

Peoples' Republic of China

(hereinafter referred to as subject

country) and requested for initiation of Anti Dumping investigations

and levy of anti dumping duties.

2. PRODUCT UNDER CONSIDERATION:

the product under consideration in the present petition is Non-

Brass Metal Flashlights (hereinafter referred to as subject goods).

Flashlights are a source of lights in case of emergency as well as

need in dark places or comers. These are generally known as

torches in the market parlance All metal flashlights except brass

flashlights are within the scope of the present investigations. These

flashlights are produced, sold and measured in terms of pieces. In

case of imports, the material is imported in numbers, pieces or

dozens. These flashlights can have two or three cells and these

can be small, medium and large sized cells. However, the bulk of

the petitioner's production ranges from two small cells, two large

cells and three large cells.

Petitioner has claimed that all types of flashlights are

classified in Chapter heading 85.13.

However, it is seen that

flashlights are being imported under the sub-heading 85131001

(Flashlights excluding those which are used for photographic

purposes) and as per sub head 85131005 which is meant for

torches. The petitioner has requested that the investigations be

initiated against the product under consideration irrespective of the

classification under which they are being imported. Customs

classifications are indicative only and are in no way binding on the

scope of the present investigation.

Since for Non-Brass Metal Flashlights, the DGCI&S data

does not give the exclusive imports data, the petitioner has relied

upon the data of secondary source i.e. from International Business

Information Services, Mumbai.

3. DOMESTIC INDUSTRY

The petition has been filed by M/s. Eveready Industries India

Limited, Kolkata. West Bengal. The petitioner has stated that the

following companies are the producers of flashlights in India:

1. M/s. Eveready Industries India Ltd., Kolkata

2. M/s. Shervani also known as Geep, Allahabad

3. Others. (In small scale)

The petitioner has claimed that they account for almost 77.41% of

the total Indian production in terms of number of pieces of the

subject goods. Prima facie the petitioners satisfy the criteria of

standing to file the petition on behalf of the Domestic Industry in

terms of Rule 5(3) (a) of the Rules supra.

2 3*1? - G i i / o j L - ^ .

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART I—SEC. 1]

4. COUNTRIES INVOLVbD:

The country involved in the present investigation is China PR.

5. LIKE ARTICLE:

The petitioner has claimed that the goods produced by them are

like articles to the goods originating in or exported from the subject

country in terms of their features such as physical characteristics,

manufacturing

process, technology, specifications and tariff

classification of the goods. Therefore, for the purpose of the

present investigation, the goods produced by the petitioners are

being treated as 'like articles' of the product imported from the

subject country within the meaning of the Rules supra.

6. NORMAL VALUE:

The Authority notes that the petitioner has claimed normal value of

subject goods in PR China on the basis of constructed cost of

production with appropriate adjustments 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 the Annexure II of the

Anti-Dumping rules, as 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.

7. EXPORT PRICE:

The petitioner has claimed the export price from the subject country

based on the secondary data sources, i.e. M/s International

Business Information Service, Mumbai whose data is based on the

Customs Daily List. From the data of secondary source, the

petitioners have sorted the data on the basis of description and

clubbed the transactions for the product under consideration.

Adjustments have been claimed on account of ocean freight,

marine insurance, inland transportation in the country of exports,

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

factory level

8. DUMPING MARGIN

There is prima facie evidence that Normal Value of the subject

goods in the subject country is significantly higher than the ex-

factory export price indicating, prima facie, that the subject goods

are being dumped by exporters from the subject country

9. INJURY AND CAUSAL LINK

Various parameters relating to injury such as significant increase in

imports from the subject country in absolute terms as well as in

relation to total imports from all countries, decline in production,

capacity utilization and domestic sales of fiashiighis, price

undercutting, increase in the closing stock, and losses to the

domestic industry due to non-realization of fair and reasonable

price from the sale of the subject goods, prima facie, indicate

collectively and cumulatively that the Domestic Industry has

suffered material injury on account of dumping.

10. INITIATION OF ANTI DUMPING INVESTIGATIONS

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

exported from the subject country.

11. PERIOD OF INVESTIGATION

The Period of Investigation for the purpose of the present

investigation is 1st July 2001 to 31^st March 2002. (9 months)

12. SUBMISSION OF INFORMATION

The exporters in the subject countries 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 Designated

Authority, Directorate General of Anti Dumping & Allied Duties,

Ministry of Commerce & Industry, Department of Commerce,

Government of India, Udyog Bhavan, New Delhi - 11 00 11.

As per Rule 6(5) of Rule supra, the Designated Authority is also

providing opportunity to the industrial users of the article under

investigation, and to representative consumer organizations who

can furnish information which is relevant to the investigation

regarding dumping, injury and causality. Any other interested party

may also make its submissions relevant to the investigation within

the time limit set out below.

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART I—SEC. 1]

13. TIME LIMIT

Any information relating to the present investigation should be sen1

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 Th« 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 tc

them separately. It may be noted that no request whatsoever shal

be entertained for extension in the prescribed time limit.

14. 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. In case where an interest 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

I'nnled bv Ihc Mrmawr, Govt, of India Press., Ring Koud, Mayapuri, New Delhi-1100G4

and Published by the Controller of Publications., Dtflhi-110054.