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Customs Notification, Circulars Anti-Dumping Notifications (DGAD)  NOTIFICATION NO. 14/16/2003 - DGAD DATE 10/09/2003
NOTIFICATION NO. 14/16/2003 - DGAD DATE 10/09/2003

Initiation of anti-dumping investigations concerning imports of Melamine originating in orexported from China PR,

M/s Gujarat State Fertilizers & Chemicals Ltd., has filed a petition before the Designated Authority(hereinafter referred to as the Authority) in accordance with the Customs Tariff (Amendment) Act, 1995and Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articlesand for Determination of Injury) Rules. 1995 alleging dumping of Melamine originating in or exported fromChina PR and has requested for initiation of anti-dumping investigations and levy of anti-dumping duties.

1. Product under Consideration:

Product under consideration in the present petition is Melamine, a tasteless, odourless, non-toxic purechemical powder, originating in or exported from China. Melamine is reacted with formaldehyde and madeinto resins or moulding powder for making innumerable products of beauty and utility.Melamine is classified under Chapter 29 of the Customs Tariff Act. Complete description of theproduct as per Customs Tariff Act is 29336100.

2. Domestic Industry Standing:

The petitioner is the sole producer of the product in the Country and, therefore, accounts for totalIndian Production.

3. Country(ies)/ Territory Involved:

The countries/territory involved in the present investigations. China PR (referred to as subjectcountries/territory hereinafter).

4. Like Goods:

The petitioner has claimed that goods produced by it are like articles to the goods originating in orexported from China PR. Goods produced by the petitioner are being treated as Like Articles to the goodsimported from the subject countries/territory within the meaning of the Rules,

5. Dumping and Dumping Margin:

Normal Value: The petitioner has constructed the normal value in case of China PR.

Export price: The petitioner has claimed export price based on the import figures.

Considering the normal value and export price the dumping margins are significantly higher than, thede-minimis limit.

There is sufficient evidence that the normal values of the product under consideration in the China PRare significantly higher than the prices at which it has been exported to India, indicating, prima facie, thatthe subject goods are being dumped by the exporters from China PR.

6. Injury and Causal Link:

The various economic indicators relating to domestic industry such as production, sales, profit/lossetc. collectively and cumulatively, indicates that the domestic industry has suffered injury. There issufficient prima facie evidence that the imports of the product under consideration have caused materialinjury to the domestic industry.

7. Initiation of Anti-Dumping Investigation:

In view of the foregoing paragraph, the Designated Authority initiates anti-dumping investigations todetermine the existence, degree and effect of alleged dumping of the subject goods originating in orexported from the subject countries/territory.

8. Period of Investigation:

The period of investigation for the purpose of the present investigations is 1st April, 2002 to 30th June,2003 (15 months).

9. Submission of Information: The exporters in the subject countries/territory and the importers in Indiaknown to be concerned are being addressed separately to submit relevant information in the form andmanner prescribed and to make their views known to the Designated Authority, Ministry of Commerce,Directorate of Anti-dumping, Udyog Bhavan, New-Delhi -110011. Any other interested party may alsomake its submissions relevant to the investigation in the prescribed form and manner within the time limitset out below.

10. Time Limit: Any information relating to the present investigations should be sent in writing so as toreach the Authority at the address mentioned above not later than forty days from the date of publicationof this notification, The known exporters and importers, who are being addressed separately, are,however, required to submit the information within forty days from the date of letter addressed to themseparately.

11. Anti-dumping investigations being a time bound exercise, the Designated Authority may record itsfindings on the basis of facts available on record in accordance with the Rules supra, if no response isreceived within the time stipulated or the information is incomplete in any respect.

12. Inspection of Public File: In terms of Rule. 6(7)& any interested party may inspect the public filecontaining non-confidential version of the evidence submitted by other interested parties.

13. In case where an interested party refuses access to, or otherwise does not provide necessaryinformation within a reasonable period; or significantly impedes the investigation, the Authority may recordits findings on the basis of the facts available to it and make such recommendations to the CentralGovernment as deemed fit.

Sd/-
(L. V Saptharishi)
Designated Authority


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