Castings for Wind Operated Electricity
Generators from China under Anti-dumping Investigation on Complaint of L&T
· Constructed Cost Approach for Determining Normal
Value
· Measure on Top of Anti Subsidy CVD Investigation of
29.05.2014
[Anti-dumping Initiation Notification F.No.
14/28/2013-DGAD dated 1st February 2016]
Subject: Initiation of anti-dumping investigations concerning
import of meant certain Castings for Wind Operated Electricity
Generators/Windmills originating in or exported from the People’s Republic of
China.
Whereas M/s
Larsen & Toubro Limited, (hereinafter referred to as the Applicant or
Petitioner) has filed an application before the Designated Authority
(hereinafter referred to as Authority), in accordance with the Customs Tariff
Act, 1975 as amended in 1995 (hereinafter referred to as the Act) and Customs
Tariff (Identification, Assessment and Collection of Anti Dumping Duty on
Dumped Articles and for Determination of Injury) Rules, 1995 as amended from
time to time (hereinafter referred to as Rules), alleging dumping of certain
castings meant for wind operated electricity generators/windmills (herein after
referred to as subject goods), originating in or exported from the People’s
Republic of China (hereinafter referred to as subject country) and requested
for initiation of an Anti Dumping investigations for determination of degree
and extent of dumping and injury and levy of anti dumping duties on the subject
goods from the subject country.
2. AND
WHEREAS, the Authority finds that sufficient prima facie evidence of
dumping of the subject goods from the subject country; injury to the domestic
industry; and causal link between the dumping and injury exist, the Authority
hereby initiates an investigation into the alleged dumping, and consequent
injury to the domestic industry, in terms of the Rule 5 of the said Rules, to
determine the existence, degree and effect of alleged dumping, if any, and to
recommend the amount of antidumping duties, which if levied would be adequate
to remove injury to the domestic industry.
A. Product
under consideration
3. The
product under consideration in this investigation is “Castings for wind
operated electricity generators also known as castings for windmills or wind
turbines, whether or not machined, in raw, finished or sub-assembled form, or
as a part of a sub-assembly, or as a part of an equipment/component, meant for
wind-operated electricity generators”.
4. A
Windmill requires a number of casting parts, including the Hub, Rotohub, Rotor
Nabe, Main Frame, Base Frame, Main Foundation, Nacelle, Nacelle Frame, Nacelle
Foundation, Bearing Housing, Bearing Support, Hollow Shaft, Main Axle, Rotor
Shaft, Rotor Coupling, Axle Pin, Main Shaft, Lateral Suspender, Pitch Stop,
Stator, Generator castings, Part of Generators, Rotor, Torque Arm support, etc.
These castings are used in the wind turbines along with some other non-casting parts
and components like blades, etc. which leads to the generation of electricity.
All such castings, whether or not machined, in raw, finished or sub-assembled
form, or as a part of a sub-assembly, or as a part of an equipment/component,
meant for wind-operated electricity generators are covered in the present
investigation.
B. Like
article
5. Petitioners
have claimed that there is no known difference in subject goods produced by the
Indian industry and subject goods imported into India from the subject country.
The castings are used by the manufactures of the wind generators/windmills in
India and are model/design specific. However, the castings manufactured by the
Indian producers and imported to India from the subject country are comparable
in terms of characteristics such as physical characteristics, manufacturing
process & technology, functions & uses, product specifications,
pricing, distribution & marketing and tariff classification of the goods
for the matching models/designs of the generators. The two are technically and
commercially substitutable. The consumers are using the two interchangeably.
Therefore, for the purpose of present investigation, the goods produced by the
petitioner are being treated as like articles of the product imported from the
subject country within the meaning of the Rules, 2(d) of the Rules.
6. It is
noted that these castings are manufactured in various sizes and designs
depending upon the models/types/designs of the generators/windmills for which
they are required to be used. Therefore, for the purpose of like to like
comparison for dumping and injury determination different types of castings
shall be treated as different product types and comparisons shall be on like to
like basis to the extent possible. For the above purpose the Authority shall
notify appropriate Product Code Numbers (PCNs) of the product types.
7. It has
been submitted that the product is primarily sold in pieces/nos. The prices of
these castings depend upon the design, size, weight, and processing involved in
a particular casting. Two castings of the same nature like HUB of two different
windmills may not be the same in terms of associated weight, design, machining
and process involved. Hence, the two may differ significantly in terms of cost
and price. However, for the purpose of like to like comparison at PCN level the
weight criteria, i.e., Price /MT, shall be considered.
C. Customs
Classification
8. The
product under consideration is classified under Customs sub-heading No. 8503
under the Customs Tariff Act, 1975. However, the above classification is
indicative only and is no way binding on the scope of this investigation.
D. Domestic
industry and Standing
9. The
present application has been filed by M/s Larsen & Toubro Limited
(hereinafter referred to as petitioner or applicant) on behalf of the domestic
producers of the product under consideration in India. The applicant has
provided relevant information to file this application seeking imposition of
anti dumping duty.
10. On the
basis of the estimated capacities and production volumes of other domestic
producers, the applicant commands a major proportion of the production of the
subject goods in India. Therefore, the Authority holds that for the purpose of
this investigation the applicant commands the standing in terms of Rule 5(3)
and constitutes the domestic industry in terms of Rule 2(b) of the AD Rules.
E. Country
Involved
11. The
country involved in the present investigation is People’s Republic of China,
hereinafter also referred to as the subject country.
F. Estimates
of Dumping Margin
12. The
domestic industry has submitted that China being a non-market economy Normal
value cannot be determined based on the selling price of the subject goods in
the domestic market in China. The domestic industry has further submitted that
because of the very nature of the product, in the absence of detailed complete
and exhaustive verifiable information on costs and domestic sales prices from a
producer in market economy third country normal value cannot be determined on
the basis of price or constructed value in a market economy third country.
Therefore, normal value in the subject country has been estimated for each
product types/PCN, based on constructed cost of production plus reasonable
profit, taking into account the manufacturing costs in India duly adjusted for
the exporting country, as prima facie evidence for the purpose of initiation of
the investigation. The producers/exporters in the subject country may however,
rebut this presumption of non-market economy condition with evidence as per the
prescribed questionnaire, for grant of market economy treatment.
13. The
export prices of individual product types/PCNs from the subject country have
been estimated on the basis of import data submitted by the petitioners from
private sources after adjusting the same for freight and insurance etc. to
arrive at the net export prices at ex-factory level.
14. As per
the positive evidence placed by the applicants before the Authority the Normal
Values of the subject goods in the subject country are significantly higher
than the net export prices to India, indicating prima-facie that the subject
goods are being dumped in the Indian market by exporters from the subject
country. The dumping margins so estimated, are positive and above de
minimis.
G. Injury
and causal link
15. The
petitioners have alleged that dumped imports of the subject goods from the
subject country are injuring the domestic industry due to the volume and price
effects of dumped imports. The applicant has furnished information on volume
and value of dumped imports from the subject country and various parameters
establishing injury to the domestic industry, on account of import of the
product under consideration. These parameters prima-facie indicate that the domestic
industry has suffered material injury due to dumped imports of the subject
goods from the subject country.
H. Initiation
of anti-dumping investigations
16. In view
of sufficient evidence of dumping, injury and causal links submitted by the
domestic industry as above, the Designated Authority, in terms of the Rules
supra, hereby initiates an anti-dumping investigation to examine the existence,
degree of alleged dumping of the subject goods originating in or exported from
the subject country and impacts on the domestic industry.
I. Procedure:
a) Period of
investigation (POI)
17. Though
the domestic industry has provided all information for the period April
2014-March 2015 for investigation in its application the Authority considers it
necessary to examine the data for period closer to the initiation and
accordingly, for the purpose of this investigation the period of investigation
(POI) shall be April 2014- Sept 2015 and the domestic industry is hereby called
upon to provide additional data for the extended Period as above. The injury
investigation period will however, cover the period 2011-12, 2012-13, 2013-14
and April 2014- Sept 2015 (POI).
b) Submission
of information
18. The
exporters in the subject country; the Government of the People’s Republic of
China, through its Embassy in India; the importers and users of the subject
goods in India; and the domestic industry are requested to submit relevant
information in the form and manner prescribed and to make their views known to
the:
The Designated Authority
Directorate General of Anti-Dumping and Allied Duties
Ministry of Commerce and Industry
Government of India
4th Floor, Jeevan Tara Building, Parliament Street,
New Delhi- 110001.
19. 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.
c) Time
limit
20. All
interested parties, whose addresses are available, would be advised through a
letter to offer their comments in writing so as to reach the Authority at the
address mentioned above not later than forty days (40 Days) from the date of
issuance of such letter. Any other interested party, whose address is not
available, may also submit comments/ information within 40 days from date of
publication of this notification. The information must be submitted in hard
copies as well as soft copies. If no information is received within the
prescribed time limit or the information received is incomplete, the Authority
may record its findings on the basis of the ‘facts available’ on record in
accordance with the AD Rules.
d) Submission
of information on confidential basis
21. The
parties making any submission (including Appendices/Annexure attached thereto),
before the authority including questionnaire response, are required to file the
same in two separate sets, in case "confidentiality" is claimed on
any part thereof:-
(a) One set
marked as Confidential (with title, number of pages, index, etc.), and
(b) The other
set marked as Non-Confidential (with title, number of pages, index, etc.).
22. The
“confidential” or “non-confidential” submissions must be clearly marked as
“confidential” or “non-confidential” at the top of each page. Any submission
made without such marking shall be treated as non-confidential by the Authority
and the Authority shall be at liberty to allow the other interested parties to
inspect such submissions. Soft copies of both the versions will also be
required to be submitted, along with the hard copies, in two (2) sets of each.
23. The
confidential version shall contain all information which is by nature
confidential and/or other information which the supplier of such information
claims as confidential. For information which are claimed to be confidential by
nature or the information on which confidentiality is claimed because of other
reasons, the supplier of the information is required to provide a ‘good cause’
statement along with the supplied information as to why such information can
not be disclosed.
24. The
non-confidential version is required to be a replica of the confidential
version with the confidential information preferably indexed or blanked out (in
case indexation is not feasible) and summarized depending upon the information
on which confidentiality is claimed. The non-confidential summary must be in
sufficient detail to permit a reasonable understanding of the substance of the
information furnished on confidential basis. However, in exceptional
circumstances, party submitting the confidential information may indicate that
such information is not susceptible to summary, and a statement of reasons why
summarization is not possible, must be provided to the satisfaction of the
Authority.
25. The
Authority may accept or reject the request for confidentiality on examination
of the nature of the information submitted. If the Authority is satisfied that
the request for confidentiality is not warranted or if the supplier of the
information is either unwilling to make the information public or to authorize
its disclosure in generalized or summary form, it may disregard such
information. Any submission made without a meaningful non-confidential version
thereof or without a good cause statement on the confidentiality claim shall
not be taken on record by the Authority.
26. The
Authority on being satisfied and accepting the need for confidentiality of the
information provided, shall not disclose it to any party without specific
authorization of the party providing such information.
e) Inspection
of Public File
27. 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.
f) Non-cooperation
28. In case
where an interested party refuses 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.