Anti-dumping Investigation Terminated on Carbon Black from Korea at Domestic Industry Request
[Anti-dumping Termination Notification F. No. 14/9/2014-DGAD dated 20th November 2015]
Subject: Anti-Dumping investigation concerning imports of ‘Carbon Black used in rubber applications’, originating in or exported from Republic of Korea.
Having regard to the Customs Tariff Act, 1975 as amended in 1995 and thereafter (hereinafter also referred as the Act) and the 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 also referred as the Rules), thereof;
2. The background of the case is as follows:
i. The Designated Authority (hereinafter also referred to as the Authority), under the above Rules, received a joint application from M/s Phillips Carbon Black Limited and M/s Hi-Tech Carbon (hereinafter also referred to as the applicants) on behalf of the domestic industry in accordance with the Act and the Rules, alleging dumping of “Carbon Black used in rubber applications” (hereinafter also referred to as the subject goods), originating in or exported from Republic of Korea (hereinafter also referred to as the subject country), and injury to the domestic industry.
ii. The Authority on the basis of prima facie evidence of dumping of subject goods by the subject country, injury to the domestic industry and causal link between the dumping and injury, initiated anti-dumping investigation into the alleged dumping, and consequential injury to the domestic industry in terms of the Rule 5 of the Anti-dumping Rules.
iii. The Authority issued a Public Notice dated 9th February, 2015 published in the Gazette of India – Extraordinary, initiating anti-dumping investigation concerning imports of ‘Carbon Black used in rubber applications’, classified under Chapter 28 of the Customs Tariff Act under Subheading No.28030010, originating in or exported from Republic of Korea.
iv. The Authority forwarded a copy of the public notice to all the known interested parties whose details were made available in the petition and sent exporter’s questionnaires to elicit relevant information to the known producers/exporters in Korea RP in accordance with Rule 6(4) of the Rules.
v. The Period of Investigation (POI) for the purpose of the present investigation was 1st April, 2013 – 30th September, 2014 (18 Months). However, injury analysis covers the years as 2010-11, 2011-12, 2012-13 and the POI.
vi. The exporter’s questionnaire response and submissions were received from producers/exporters of Korea RP.
vii. Submissions were also received from the domestic industry and other interested parties.
viii. The notice for oral hearing was issued to the interested parties on 29th September, 2015, inviting them to make oral submissions. However, the said oral hearing was postponed under intimation to the interested parties.
Submissions by the Domestic Industry:
3. The Domestic Industry i.e. M/s Phillips Carbon Black Limited and M/s Hi-Tech Carbon vide their letters dated 8th October, 2015 have stated that imports from Korea are likely to remain low in volumes and import prices are likely to remain higher. The domestic industry therefore feels that dumping from Korea shall not intensify in due course. The domestic industry has therefore requested that the application seeking imposition of anti-dumping duty may be treated as withdrawn.
4. The aforesaid letters by M/s Phillips Carbon Black Limited and M/s Hi-Tech Carbon were examined in the light of the Anti-dumping Rules. Rule 14 of Antidumping Rules provides that ‘the Designated 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’.
5. In view of the aforesaid submissions by M/s Phillips Carbon Black Limited and M/s Hi-Tech Carbon, the Designated Authority under the provisions of Rule 14(a) of the Anti-dumping Rules hereby terminates this investigation initiated vide Notification No. 14/9/2014-DGAD dated 9th February, 2015 against the imports of ‘Carbon Black used in rubber applications’, originating in or exported from Republic of Korea.