DGTR Terminates Sunset Review Investigation on Ceramic Rollers from China on Futura Ceramics Request

· Company Closing Down, not able to face competition even after Anti-dumping Duty Protection

[Termination Notification Case No. AD (SSR) 07/2022 Dated 7 December 2022]

Subject: Termination of sunset review investigation of anti-dumping duty on the imports of "Ceramic Rollers" originating in or exported from China PR.

A. Introduction

1. Having regard to the Customs Tariff Act, 1975 as amended from time to time (hereinafter also referred to as the "Act") and the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1 995, as amended from time to time (hereinafter al so referred to as the "Ru les" or the "Anti-Dumping Ru les"), thereof, Futura Ceramics Private Limited (hereinafter also referred to as the "applicant") filed an application before the Designated Authority (hereinafter also referred to as the "Authority") for sunset review investigation of anti-dumping duty on the imports of "Ceramic Rollers'' (hereinafter referred to as the "product under consideration" or the '·PUC") originating in or exported from China PR (hereinafter referred to as the "subject country").

2. In terms of Section 9A (5) of the Act, the anti-dumping duty imposed under this section shall, unless revoked earlier, cease to have effect on expiry of five years from the date of such imposition and the Authority is required to review whether the expiry of duty is likely to lead to continuation or recurrence of dumping and injury. In accordance with the same, the Authority is required to review, on the basis of a duly substantiated request made by or on behalf of the domestic industry as to whether the expiry of duty is likely to lead to continuation or recurrence of dumping and injury.

3. The Authority accordingly issued a public notice dated 30^th September 2022 published in the Gazette of India-Extraordinary, initiating the sunset review investigation concerning imports of "Ceramic Rollers'', classified under chapter 69 of the Customs Tariff Act, 1975 originating in or exported from China PR.

B. Background

4. The Designated Authority conducted investigation and recommended imposition of anti-dumping duty on imports of the subject goods originating in or exported from China PR, vide final finding Notification No. 1 4/47/20 1 6 -DGAD dated 26th March 2018. The Central Government thereafter vide Notification No. 27/2018-Cus (ADD),

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dated 17 May 2018 imposed anti-dumping duties. The duties are set to expire on 16 May 2023.

C. Procedure

5. The Authority post-initiation sent copies of the initiation notification to the Embassy of the subject country in India, known producers/ exporters from the subject country, known importers/ users and the domestic industry as per the e-mail addresses made available by the applicant and requested them to make their views known in writing within 30 days of the initiation notification as per Rule 6(2) of the Rules.

6. The Authority, granted first extension, to file questionnaire response by 10^th November 2022 and further extension to file the response by 20t h November 2022, which was placed in the public domain through DGTR 's website.

7. The Authority provided a copy of the non-confidential version of the application to the known producers/exporters and to the embassy of the subject country in India in accordance with Rule 6(3) of the Rules.

8. The embassy of the subject country in India was also requested to advise the exporters/ producers from its country to respond to the questionnaire within the prescribed time limit. A copy of the letter and questionnaire sent to the producers/ exporters was a l so sent to them along with the names and addresses of the known producers/ exporters from the subject country.

9. In response to the initiation notification and intimation, exporters/ producers from the subject country and importers/ users responded to the Authority by filing the questionnaire response and filing legal submissions.

D. Request received from the domestic industry

10. The applicant, vide email dated 14th November 2022 informed that the company does not want to proceed further with the sunset review application due to certain hardships faced by the company.

11. The Designated Authority gave an opportunity to the domestic industry for personal hearing on 1^st December, 2022. However, the applicant vide email dated 29th November 2022 informed that he is not able to attend the meeting stating that, " The company has decided to close down production, considering that it is unlikely to gel protection adequate enough to address the Chinese dumping. The company would therefore not be able to attend the proposed meeting. "

E. Examination by the Authority

12. The request made by the domestic industry, Futura Ceramics Private Limited, vide its e-mail dated 14th November 2022 and 29th November 2022, has been examined.

13. The present investigation was initiated based on an application filed by Futura Ceramics Private Limited constituting the domestic industry. The applicant i s the sole producer of the subject goods in India.

14. The Authority notes that Rule 14 (a) of the Rules reads as under:

" 14. Termination of investigation. - The designated authority shall, by issue of a public notice, terminate an investigation immediately if- (a) it receives a request in writing for doing so from or on behalf of the domestic industry affected, at whose instance the investigation was initiated; "

15. It is noted that Rule 14 of Anti-Dumping Rules ,1995 provides for termination of investigations in certain situations which includes a situation where the application is withdrawn by affected domestic industry. Rule 14(a) of the Rules provides that the Authority shall, by issue of a public notice, terminate an investigation immediately if it receives a request in writing for doing so from or on behalf of the domestic industry affected, at whose instance the investigation was initiated.

F. Conclusion

16. In view of the aforesaid request made by the domestic industry, the Authority hereby terminates the investigation initiated vide notification no. 7/18/2022- DGTR dated 30th September, 2022 against the imports of "Ceramic Rollers" originating in or exported from China PR in terms of Rule 14(a) of the Rules.