REGD. NO.D. L.-33004/99
The Gazette of India
EXTRAORDINARY
PART I—Section 1
PUBLISHED BY AUTHORITY
No.
247]
NEW DELHI, SATURDAY, SEPTEMBER 21, 2002/BHADRA 30, 1924
2958 GI 2002
(1)
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THE GAZETTE OF INDIA EXTRAORDINARY
[PARI I—Sw 1]
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THE GAZETTE OF INDIA: EXTRAORDINARY
[PAR 11—She 1]
MINISTRY OF COMMERCE AM) INDUSTRY
(Department of Commerce)
(DIRECTORATE GENERAL OF ANTI-DUMPING AND ALLIED DUTIES)
IMITATION NOTIFICATION
New Delhi, the 11st September, 2MOI
Subject:
Initiation of Anti-dumping investigation concerning import of Ball
Bearings and parts and components thereof (up to 50 mm bore dia) from China PR,
Poland, Russia and Romania.
No.l4/30/2002-DGAD - Ball and Roller Bearing Manufacturers Association of India,
New Delhi through its members viz., M/s. FAG Bearings India Ltd., Vadodara, M/s.
NRB Bearings Ltd., Mumbai, M/s. SKF Bearings India Ltd., Mumbai, M/s. National
Engineering Industries Ltd., Jaipur, M/s. Tata Iron and Steel Company Ltd., (Bearing
Division), Kharagpur have 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 Ball Bearings and parts and components thereof (up to 50 mm bore dia)
originating in or exported from China PR, Poland, Russia and Romania and requested for
Anti Dumping investigations and levy of anti dtunping duties.
PRODUCT INVOLVED
2.
The product involved in the present petition is Ball Bearings and parts and
components thereof (up to 50 mm bore dia) (hereinafter referred to as subject goods).
Product under consideration includes Ball Bearings and its parts, whether mounted or
unmountecL,a3 anti friction bearings that employ balls as rolling element, so long as these
imports in effect constitute imports of ball bearings. Anti friction balls, inner and outer
races and components of ball bearings are within the scope of the product under
consideration, Ball bearings are a part of a larger category of goods known us 'anli
friction bearings'. Anti friction bearings are machine components that permit free motion
between moving and fixed parts by holding, separating or guiding the moving parts to
minimize friction and wear and tear, Major users of ball bearings are in the Fan, Electric
Motor, Automotive?, Pumps, Domestic Appliances and Industrial Appliances segments.
The product is classified under Chapter 84 of the Customs Tariff Act under sub-heading
8482.10, 8482.80, 8482.91. The product is classified under ITC HS code under heading
8482.1001, 8482.1004 and 8482.1011. The Customs and ITC HS classifications are
however, indicative only are in no way binding on the scope of the present investigation.
DOMESTIC INDUSTRY
3.
The petition has been filed by M/s. FAG Bearings India Ltd., Vadodara, M/s. NRB
Bearings Ltd., Mumbai, M/s. SKF Bearings India Ltd., Mumbai, M/s. National
Engineering Industries Ltd., Jaipur; M/s. Tata Iron and Steel Company Ltd., (Bearing
Division), Kharagpur. The petitioners account for more than 50% of the domestic
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production of subject goods and therefore, the petitioners satisfy the criteria of standing
an domestic industry to file the petition in terms of Rule 5(1) (») of the Rules s'jpra.
COUNTRIES INVOLVED
4.
The countries involved in the present investigation are Peoples' Republic of
China, Poland, Romania and Russia (hereinafter referred to a3 the subject countries).
LIKE ARTICLE
5.
The petitioners have claimed that there is no difference between the products
manufactured by them and the subject goods being imported from subject countries.
Therefore, for the purpose of the present investigation, the goods produced by the
pctitiuiicis me being LreaLed as 'like articles" 10 that imported from the subject countries
within the meaning of the Rules supra.
NORMAL VALUE
6.
The petitioners have claimed Normal Value in respect of exports of subject goods
from China and Russia on the basis of constructed cost of production treating China and
Russia as Non-market economies. The Authority proposes to examine the claim of the
petitioner in the light of para 7 and 8 of Annexure 1 of the Anti Dumping Rules as
amended. The Authority has prima facie considered the Normal value of subject goods
in PR China and Russia on the basis of constructed cost of production as made available
by the petitioner. In respect of Romania and Poland the normal value has been claimed
on the basis of domestic sales price of subject goods in these countries.
EXPORT PRICE
7.
The petitioners have determined export price for subject countries on the basis of
analysis of import figures collected from secondary sources. Adjustments have been
claimed on account of ocean freight, marine insurance, commission, inland transportation
in the country of export, port handling and port charges to arrive at the Export Price at
ex-factory level.
DUMPING MARGIN
8.
There is sufficient evidence that Normal Value of the subject goods in the subject
countries is significantly higher than the net export price indicating prima-facie that the
subject goods are being dumped by exporters from the subject countries.
INJURY AND CAUSAL LINK
9.
Petitioners have furnished information on various parameters relating to injury.
Parameters such as increase in volume of imports, loss in market share, price under-
cutting, price under-selling, low return on investments, decreased profits in the
manufacturing of subject goods prima-facie indicate collectively and cumulatively that
the Domestic Industry has suffered material injury un account of dumping.
un&s^Ux-jL
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THE GAZETTE 0FM5IA EXTRAORDINARY
I^ARTI—Sue 1]
INITIATION OF ANTJ-DUMPTNG 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 exported from the subject countries.
PEftlOD OF INVESTIGATION (POI)
11.
The period of investigation for the purpose of present investigation is I81 January
2001 - 3 Ist March 2002.
SUBMISSION OF INFORMATION
12.
The exporters in the subject country and {he importers in India known to be
concerned with this investigation arc 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,
Department of Commerce, Ministry of Commerce and Industry, Government of India,
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,
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
oeing 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.
hi case where an interested party ictuses 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
Pnnled by the Minagcf. Oovt of India Press, Ring Ro»d, Mnyipun, New Delhi410064
and Published bv the Controller of Publication!, Delhi-110034