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Union Government, Extraordinary, 2001-01-01, Part I-Section 1, Ref. 50/1/2000-DGAD PDF

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Preview Union Government, Extraordinary, 2001-01-01, Part I-Section 1, Ref. 50/1/2000-DGAD

REGD NO D.L.-33004/9 The Gazette of India EXTRAORDINARY PART I—Section 1 PUBLISHED BY AUTHORITY No.1] NEW DELHI, MONDAY, JANUARY 1,2001/PAUSA 11,1922 9 G1/2001 (1) 2 THE GAZETTE OF INDIA : EXTRAORDINARY [PARI^F--Si;c. 1] MINISTRY OV COMMERCE AND INDUSTRY (Department of Commerce) (Directorate of Anti-Dumping and Allied Duties) NOTIFICATION New Delhi, the 1st January, 2001 Subject : Initiation of anti-dumping investigation concerning imports of Isobutyl Benzene (IBB) from People's Republic of China. No. 50/1/2000-DGAD.— M/s Herdillia Chemicals Ltd., Mumbai and M/s Vinati Organics, Mumbai, on behalf of the domestic industry for Isobutyl Benzene (IBB) 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 4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART 1—SEC. 1J (hereinafter referred to as the Authority) alleging dumping of IBB from People's Republic of and have requested for anti-dumping investigation and levy of anti-dumping duty. 1. Product Involved : The product involved in the present investigation is Isobutyl Benzene (IBB) of all grades and forms (also referred to as subject goods hereinafter) originating in or exported from People's Republic of China. IBB is classified under Customs Subheading No. 2902.9005. The classification is, however, only indicative and in no way binding on the scope of the present investigation. 2. Domestic Industry Standing: The present petition is filed jointly by M/s Herdillia Chemicals Ltd., Mumbai and M/s Vinati Organics, Mumbai who are claimed to be the only producers of IBB in India. Thus the domestic industry in this case comprises only two manufacturers who are petitioners in the case. The petitioners, therefore, account for the total production of the subject goods during the Period of Investigation. Hence, they have requisite standing to file the petition as per the Rules. 3. Country involved : The country involved in the present investigation is People's Republic of China (also referred to as subject country herein after) 4. Like Articles : It is claimed by the petitioner that there is no significant difference between the goods produced by the Indian industry and the Isobutyl Benzene (IBB) imported from the subject country. Both are claimed to have similar characteristics and are technically and commercially substitutable. Therefore, the IBB produced by the domestic industry and that imported from the subject country are prima-facie treated as like articles within the meaning of the anti dumping Rules. 5. Dumping and Dumping margin : (a) Normal value : The petitioners have claimed normal value for subject country on the basis of the constructed cost which has been examined in the light of the data and figures furnished by the petitioners. There is sufficient prima-facie evidence with regard to normal value of the subject goods in relation to the subject country. (b) Export price '• Reasonable information is available with regard to the cif price of export from the subject country. Adjustments are claimed on Freight within China, Freight from Chinese port to Indian port and Insurance. Thus, there is prima-facie evidence of export price at ex-factory level. (c) Dumping Margin : Comparison of the Normal Value and Export Price, calculated on the basis of evidence as detailed above, prima- facie indicates dumping of the subject goods from the subject country and the dumping margin is significantly higher than the dc- minimis limit. _5 6- Injury and Causal Link : The vnrious economic indicators such as volume and value of dumped imports, their likely effect on sales realization and profitability of the domestic industry prima-facie indicate threat of injury to the domestic industry. Further, there is prima-facie evidence that the dumped imports of the product under consideration from the subject country pose threat of injury to the domestic industry. 7. Initiation of Anti-Qumping 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 country. 8. The period of investigation for the purpose of the present investigation is 1st April 1999 to 31st AugusUOOO. 9. Submission of Information: The exporters in the subject country 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 (Anti-Dumping), Ministry of Commerce and Industry* Deptt. of Commerce, Room NO. 243, 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. 10 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. 12. In case any interested party refuses access to or otherwise does not provide necessary information within the stipulated 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 Prmtod by the Manager, Govt, of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by tho Controller of Publications, Polhi-110054

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