Aluminium Alloy
Road Wheels Sunset Review Initiated
·
Import from China, Korea RP, Thailand
·
Synergies Castings and Kosei Minda
along with Two Producers Claim Dumping Continues
[Initiation Notification [Case No. SSR –
16/2018] dated 10 August 2018]
Sub: - Initiation of Anti-Dumping
Sun Set Review investigation concerning imports of “Aluminium Alloy Road Wheels
(ARWs)” originating in or exported from China PR, Korea RP and Thailand.
File No. 7/31/2018-DGTR 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, the Designated Authority (hereinafter
also referred as the Authority) initiated anti-dumping investigation on imports
of “Aluminium Alloy Road Wheels” (hereinafter also referred as the subject
goods), originating in or exported from China PR, Korea RP and Thailand
(hereinafter also referred as the subject countries) vide Notification No.
15/2015-Customs (ADD) dated 11th April,2014
and which was later applied for 5 years vide MOF notification No. 21/2015-
Customs (ADD) dated 2nd May,2015
based on Final Finding No 14/7/2012-DGAD dated 9th June,2014. However, the Final Finding
No 14/7/2012-DGAD was quashed by Hon’ble DB of Delhi HC on grounds of natural
justice in WP633/2015, WP 634/2015 etc. However, a stay on the said judgment
was granted by Hon’ble SC in SLP(C) No. 014068 - 014073 / 2015 and the said
SLPs are pending final hearing. MOF notification No. 21/2015-Customs (ADD)
dated 22nd May,2015 was issued after
stay by SC and the notification is currently in force.
2. Whereas, M/s Synergies Castings Ltd and M/s Kosei Minda
Aluminium Company Ltd. (hereinafter referred to as ‘petitioners’) have jointly
filed a duly substantiated petition before the Authority, in accordance with
the Act and the Rules alleging likelihood of continuation or recurrence of
dumping of the subject goods, originating in or exported from China PR, Korea
RP and Thailand and consequent injury to the domestic industry and have
requested for review and continuation of the present anti-dumping duties,
imposed on the imports of the subject goods, originating in or exported from
the subject countries, for another five years.
Country
Involved
3. The subject countries in the present
sunset review investigation are China PR, Korea RP and Thailand.
Product
under Consideration and Like Article
4. The product under consideration in the present SSR
investigation is “Cast Aluminum Alloy Wheels or Alloy Road Wheels” (ARW) used
in Motor Vehicles, whether or not attached with their accessories, of a size in
diameters ranging from 12 inches to 24 inches. ARWs other than 12 inches to 24
inches’ diameter and for use other than motor vehicles are out of the product
scope. The goods include finished or semi-finished ARWs whether unpainted,
painted or chrome plated. The main function of ARWs is that they are fitted on
motor vehicles to enable vehicle movement. Wheels for Motor Vehicles are
generally made of Steel or Aluminium Alloy Steel wheels are not included in the
product scope.
5. ARWs are classified under Chapter 87 of the Customs
Tariff Act, 1975, under customs sub-heading No. 8708.70 under the description
“Road wheels and parts and accessories thereof”. As claimed by the domestic
industry, the subject goods are also imported under different customs
classifications such as 87087000, 87082900, 87089900, 87149290, 87149990,
87089400 etc. However, the customs classification is indicative only and is in
no way binding on the scope of the present investigation.
Like Article
6. Rule 2(d) with regard to ‘like
article’ provides as under: -
“‘like article’ means
an article which is identical or alike in all respects to the article under
investigation for being dumped in India or in the absence of such article,
another article which although not alike in all respects, has characteristics
closely resembling those of the articles under investigation;”
7. Petitioners have claimed that there
is no known difference in subject goods produced by them and exported from the
subject countries. The product under consideration produced by the petitioners
and imported from the subject countries are having comparable characteristics
in terms of parameters such as physical & chemical characteristics,
manufacturing process & technology, functions & uses, product
specifications, pricing, distribution & marketing and tariff classification
of the goods. The petition filed is for the review and continuation of the
anti-dumping duties in force, and the issue of like article has been already
dealt with in the previous investigations. In the original investigations, the
Authority has already held that the subject goods produced by the domestic
industry are like article to the same imported from the subject countries.
Domestic
industry & Standing
8. The petition has been filed by M/s Synergies Castings Ltd
and M/s Kosei Minda Aluminium Company Ltd jointly. The petitioners have neither
imported the subject goods from the subject countries nor are they related to
any other producer/exporter of subject goods in the subject countries or any
importer in India.
9. There are two more producers of the subject goods in
India supporting the petition namely M/s Minda Kosei Aluminium Wheels Pvt Ltd
and M/s Neo Wheels Ltd. The petitioners with their supporters hold about 62.30%
share in the total Indian production as per the petition.
10. It is seen that the production of the petitioners is
jointly 40.29% of the total Indian production. The petitioners are the majority
producers of the subject goods in India and are eligible domestic industry
within the meaning of Rule 2(b) read with Rule 5(3) of the Rules of Anti-
Dumping Rules.
Initiation
of Sunset Review of Anti-Dumping Duty
11. Whereas the petitioner has filed a detailed petition in
accordance with Section 9A(5) of the Act, read with Rule 23 of the Anti-dumping
Rules, the Authority hereby initiates a Sunset Review investigation to review
the need for continued imposition of the duties in force in respect of the
subject goods, originating in or exported from the subject countries and to
examine whether the expiry of such duty is likely to lead to continuation or
recurrence of dumping and injury to the domestic industry.
Period of
Investigation
12. The period of investigation (POI) is 1st April
2017 – 31st March 2018 (12 months) for
the purpose of present investigation. The injury investigation period will
however cover the periods April 2014 – March 2015, April 2015 – March 2016,
April 2016 – March 2017 and the POI. The data beyond POI may also be examined
to determine the likelihood of dumping and injury.
Procedure
13. The present Sunset Review covers
all aspects of Notification No. 14/1/2011 -DGAD dated 9th June, 2014, (final findings of the
original investigation).
14. The provisions of Rules 6, 7, 8, 9,
10, 11, 16, 17, 18, 19 and 20 of the Rules supra shall be mutatis mutandis applicable in this review.
Submission
of information
15. The known exporters in the subject countries, the
government of the subject countries through their embassies in India, the importers
and users in India known to be concerned with the product are being addressed
separately to submit relevant information in the form and manner prescribed and
to make their views known to the Authority at the following address:
Government of
India Ministry of Commerce & Industry Department of Commerce
Directorate
General of Trade Remedies
4th Floor,
Jeevan Tara Building
5, Parliament
Street, New Delhi – 110001 dgad.india@gov.in
16. 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. Any party making any confidential submission before the
Authority is required to submit a non-confidential version of the same to be
made available to the other parties.
Time Limit
17. Any information relating to the present review and any
request for hearing should be sent 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.
Submission
of information on confidential basis
18. In case confidentiality is claimed on any part of the
questionnaire response/submissions, the same must be submitted in two separate
sets (a)marked as Confidential (with title, index, number of pages, etc.) and
(b) other set marked as Non-Confidential (with title, index, number of pages,
etc.). All the information supplied must be clearly marked as either “confidential”
or “non-confidential” at the top of each
page and accompanied with soft copies.
19. Information supplied without any confidential marking shall
be treated as non-confidential and the Authority shall be at liberty to allow
the other interested parties to inspect any such non- confidential information.
Two (2) copies of the confidential version (CV) and two (2) copies of the
non-confidential version (NCV) must be submitted by all the interested parties.
20. For information claimed as confidential, 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 and/or why
summarization of such information is not possible.
21. The non-confidential version is required to be a replica
of the confidential version with the confidential information preferably
indexed or blanked out /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, parties
submitting the confidential information may indicate that such information is
not susceptible to summarization; a statement of reasons why summarization is
not possible must be provided to the satisfaction of the Authority.
22. 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 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.
23. Any submission made without a meaningful
non-confidential version thereof or without a good cause statement on the
confidentiality claim may not be taken on record by the Authority. 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.
Inspection
of public file
24. In terms of rule 6(7) of the Rules,
any interested party may inspect the public file containing non-confidential
version of the evidences submitted by other interested parties.
Non-cooperation
25. In case any interested party refuses access to and
otherwise does not provide necessary information within a reasonable period, or
significantly impedes the investigation, the Authority may declare such
interested party as non-cooperative and record its findings on the basis of the
facts available to it and make such recommendations to the Central Government
as deemed fit.