Polybutadiene Rubber (PBR) from Korea – DGTR Initiates Bilateral
Safeguard Investigation on Complaint of RIL
[DGFT Initiation Notification
(Bilateral Safeguard Investigation) Case No-(SG) 07/2019 dated 07.11.2019]
Subject: Notice of initiation of Bilateral Safeguard
Investigation concerning imports of “Polybutadiene Rubber” into India from
Korea RP under India-Korea Comprehensive Economic Partnership Agreement
(Bilateral Safeguard Measures) Rules, 2017
F. No. 22/7/2019-DGTR:
Whereas, an application has been filed under India-Korea Comprehensive Economic
Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017 (hereinafter
also referred to as the “said Rules”) by M/s Reliance Industries Limited
(hereinafter also referred to as the “Petitioner”) alleging increased imports
of “Polybutadiene Rubber” (hereinafter also referred to as the “product under
consideration” or “PUC” or subject goods) from Korea RP (also referred to as
subject country) causing serious injury to the domestic producer of like or
directly competitive product in India.
Product
under Consideration (PUC)
2.
The product under consideration is “Polybutadiene Rubber” classified under HS
Code 40 02 20 00. Polybutadiene Rubber (also referred to as PBR) is a synthetic
rubber that is a polymer formed from the polymerization of the monomer
1,3-butadiene. It is used in the manufacture of tyres mainly and is also used
as an additive to improve the mechanical strength of plastics such as
polystyrene and acrylonitrile butadiene styrene. The product is produced in
more than one grade. The Petitioner has identified five grades, differentiated
on the basis of the catalyst used in production. As per the Petitioner, the
grades may be identified as: Neodymium, Cobalt, Nickel, Titanium and Lithium.
The Petitioner does not produce two grades, i.e., Titanium and Lithium.
3.
Accordingly, the product under consideration is “Polybutadiene Rubber”
classified under HS Code 40 02 20 00 of Neodymium, Cobalt and Nickel grades. The
product under consideration does not include titanium and lithium grades of
PBR.
Domestic
Industry
4.
The application has been filed by M/s Reliance Industries Limited. The
Petitioner accounts for 100% of total Indian production, as it is the sole
producer of the PUC in India. Thus, Petitioner constitutes Domestic Industry as
per the Rules.
Period
of Investigation
5.
The period considered for the purposes of present investigation is from April,
2015 to June,2019.
Subject
country
6.
The country involved in the present investigation is Korea RP.
Increased
Imports
7.
The Petitioner has claimed that imports of product under consideration from
Korea RP have increased in absolute terms as well as in relation to production
and consumption in India. It is noted that there is significant increase in
imports of PUC in recent period. The rate of increase in imports of
subject goods is considered significant considering the duration, the quantum,
the total imports and the consumption in India.
Serious
Injury to the domestic industry
8.
The Petitioner has claimed that the increased imports of product under
consideration has caused serious injury to it. The Petitioner has
claimed that market share of domestic industry has declined whereas market
share of subject imports has increased. They have also claimed that their
profits, cash profits, PBIT and ROI have declined.
9.
The Petitioner has requested for immediate imposition of bilateral safeguard
measure in view of significant increase in imports of subject goods from subject
country.
10.
The Authority finds that there is prima facie evidence that imports of product
under consideration have increased significantly causing serious injury to the
domestic producers of the like article in India and there is causal link
between increased imports from subject country and the serious injury caused to
the domestic industry.
Initiation
11.
After determining that there is prima facie evidence to justify initiation of
the safeguard investigation, the Director General considers appropriate to
initiate the investigation in order to determine whether the imports of the
product under consideration from Korea RP constitute increased imports and
whether the increased imports have caused or are threatening to cause serious
injury to the domestic industry.
12.
All interested parties may make their views known within a period of 30 days
from the date of this notice to:
Director General Directorate
General of Trade Remedies Jeevan Tara Building, 4th Floor
5, Parliament Street, New Delhi
-110001
13.
All known interested parties are also being addressed separately.
14.
Any other party to the investigation who wishes to be considered as an
interested party may submit its request so as to reach the Director General on
aforementioned address within 30 days from the date of this notice.
15.
If no information is received within the prescribed time limit or the
information received is incomplete, the Director General may record its
findings on the basis of the facts available on record. The information must be
submitted in hard copies as well as soft copies.
16.
Submission of Information on Confidential Basis – 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. 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 Director
General and the Director General 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. The confidential version shall contain all information
which are by nature confidential and/or other information which the supplier of
such information claims as confidential. The information which is 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 cannot be disclosed. 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 Director General. The Director General may accept or
reject the request for confidentiality on examination of the nature of the
information submitted. If the Director General 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 Director General. The Director General, on being satisfied and
accepting the need for keeping the information provided as confidential shall
not disclose it to any party without specific authorization of the party
providing such information.
17.
Any interested party may inspect the public file containing non-confidential
version of the evidences submitted by other interested parties.
18.
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 Director General may record its findings on the
basis of the facts available to it and make such recommendations to the Central
Government as deemed fit.