THE GAZETTE OF INDIA : EXTRAORDINARY

[PART I—SEC. 1]

MINISTRY OF COMMERCE AND INDUSTRY

(Department of Commerce)

(DIRECTORATE OF ANTI-DUMPING AND ALLIED DUTIES)

NOTIFICATION

New Delhi, the 10th November, 2000

Subject : Initiation of anti-dumping investigation concerning imports of

Partially Oriented Yarn (POY) from Indonesia, Taiwan, Thailand

and Malaysia.

F.No.l9/l/2000-DGAD.— Association of Synthetic Fibre Industry, on

behalf of the domestic industry for Partially Oriented Yarn(POY), 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 Partially Oriented Yarn from Indonesia,

Taiwan, Korea RP, Thailand and Malaysia and requested for anti-dumping

investigation and levy of anti-dumping duties,

Product Involved : The product involved in the present investigation

is Partially Oriented Yarn of Polyester (also referred as subject goods

hereinafter) originating in or exported from Indonesia, Taiwan, Korea RP,

Thailand and Malaysia. Partially Oriented Yarn is classified under customs

sub-heading No. 5402.4200 of the Customs Tariff Act, 1975. The

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

present investigation.

Domestic Industry Standing: The petition is filed by the Association of

Synthetic Fibre Industry, 125, Uday Park, 1st Floor, New Delhi-110049 on

behalf of the domestic industry for POY. There are 39 producers of POY in

the country out of which five producer companies, eligible to form part of the

domestic industry under the Rules, have expressly supported the petition.

Two other producers supporting the petition namely, M/s Indorama and M/s

DCL Polyesters, are found ineligible to form part of domestic industry under

the Rules as they are related to the exporter of the dumped articles

(Indorama) and importers of the allegedly dumped articles themselves. The

total production of the subject goods of the five eligible producers, namely,

M/s Century Enka, M/s JCT Limited, M/s Raymonds Synthetics, M/s Sanghi

Polyesters Ltd. and M/s Reliance Industries, during the POI, constitutes

54% of the total production of the domestic industry. Therefore, the

petitioner having the express support of the said, five eligible producers,

prima-facie, has the requisite standing to file the petition on behalf of the

domestic industry.

Countries involved : The countries involved in the present petition

against which dumping has been alleged are Indonesia, Taiwan, Korea RP,

Thailand and Malaysia (also referred to as subject countries hereinafter).

Like Articles : It is claimed by the petitioner that there is no

significant difference in the goods produced by the participating companies

and. the Indian industry in general and the Partially Oriented Yarn(POY)

exported from the subject countries. POY produced by the Indian industry

and that imported from these countries are similar in physical and chemical

characteristics, manufacturing process, functions' and uses and in tariff

classification.

The two are claimed to be technically and commercially

substitutable and both are used

interchangeably.

Therefore, the POY

domestically produced and that imported from the subject countries are

prima-facie treated as like articles within the meaning of the anti dumping

Rules.

Dumping and Dumping margin :

(a)

Normal value :

The petitioner have claimed normal value for

different countries on the basis of the constructed cost which has been

examined in the light of the data and figures furnished by the

petitioner. There is sufficient prima-facie evidence with regard to

normal value of POY in the subject countries under reference.

(b)

Export price :

Reasonable information is available with regard to

export price from the subject countries which is based on the

DGCI&S data. Adjustments are claimed on Ocean freight, Marine

insurance, Commission, Inland freight and Port expenditure. Thus,

there is prima-facie evidence of export price at ex-factory level from

the subject countries.

(c)

Dumping Margin : Comparison of the Normal Value and Export

Price, calculated on the basis of evidence as detailed above, prima-

facie indicates dumping in the case of the subject countries except in

the case of Korea RP, where the export price is higher than the

Normal Value.

For other subject countries, namely, Taiwan,

Indonesia, Thailand

and Malaysia, the dumping margin

significantly higher than the de-minimis limit.

This prima-facie indicates that the subject goods are being dumped in

India by the exporters of Indonesia, Taiwan, Thailand and Malaysia. These

countries are, therefore, treated as subject countries for the purpose of the

present investigation.

3094

GI/2000-2

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART I—SEC. 1]

Injury and Causal Link: The various economic indicators relating to

domestic industry such as profitability, sales realisation and indicators such

as volume and price of imports indicate prima-facie that the domestic

industry has suffered material injury. There is also prima-facie evidence

that the dumped imports of the product under consideration from the

subject countries have caused injury to the domestic industry.

Initiation of Anti-Dumping Investigation : The Designated Authority,

in view of the foregoing, 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.

The period of investigation for the purpose of the present

investigation is 1st January, 1999 to 31^st December, 1999.

Submission of Information: The exporters in the subject countries

and the known importers of the subject goods in India are being addressed

separately to submit relevant information in the form and manner

prescribed and to make their views known to the Designated Authority,

Ministry of Commerce and Industry, Deptt. of Commerce, Anti-Dumping

Division, Udyog Bhawan, 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: Any information relating to 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.

The Designated Authority, in no

circumstances, will grant to the interested parties extension of time for their

response.

11.

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 after expiry of time limit set

out.