DGAD Initiates Dumping
Investigation on Zeolite 4A (Detergent Grade) from China on Complaint of
Gujarat Credo and Chemicals India
Initiation
Notification Case
No. (O.I.) 25/2017 dated 2 January 2018
Subject: Initiation
of anti-dumping
investigation
concerning imports of “Zeolite
4A"(Detergent Grade) from China PR.
F. No. 6/14/2017-DGAD
– M/s Gujarat Credo
Mineral Industries Ltd
and M/s Chemicals India (hereinafter
referred to as petitioners) have filed an application/petition
before the Designated Authority (hereinafter also referred to as the Authority) in accordance with the
Customs Tariff Act,
1975 as
amended from
time to time (hereinafter
also 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 also referred to as the
Rules)
for initiation of anti-dumping investigation and imposition of anti-dumping duty concerning
imports of Zeolite 4A (Detergent Grade) (hereinafter also referred to as ‘Zeolite’ or
subject goods or product under consideration), originating in or exported from China PR
(hereinafter also referred to
as the subject country).
2. And
whereas, the Authority prima facie finds that sufficient evidence of dumping of the subject goods, originating in
or exported from the subject country, “injury” to the
domestic industry and causal link between the alleged dumping
and “injury”
exist to justify initiation of an anti-dumping investigation; the Authority hereby initiates an investigation into the alleged dumping, and consequent injury to the domestic industry
in terms of Rule
5 of the Rules, to determine
the existence, degree and effect of alleged
dumping and to recommend the amount of antidumping duty, which if levied, would be
adequate to
remove the “injury” to the
domestic industry.
Domestic Industry &
Standing
3.
The application
has been filed by M/s Gujarat Credo Mineral Industries Ltd and M/s Chemicals India.
4.
As per
the evidence available on
record, the production of the applicant company
constitutes “a major proportion”
of the domestic production. The
Authority, therefore,
determines that the applicant company constitutes eligible domestic industry
within the meaning of Rule 2 (b) of the Anti Dumping Rules and the application satisfies the criteria of standing in
terms
of Rule 5 (3) of the Rules supra.
Product under Consideration and Like Article
5.
The product under consideration
in the present petition is “Zeolite
4A (Detergent Grade)"
also known as “Synthetic Zeolite 4A”. Zeolites are micro porous crystalline solids with well-defined structures. Generally, they contain silicon, aluminium and oxygen in their framework and cat-ions, water and/or other molecules within their pores. Many
occur
naturally as minerals, and are extensively
mined in many
parts of the world. Others are synthetic, and are made commercially for specific uses in various
industries.
6. Petitioners are manufacturing Zeolite 4A (Detergent Grade) which is mainly used in detergents as a builder. The
molecular structure of Zeolite-4A is given as: Na12[(AlO2)12(SiO2)12].27H2O].
Like Article
7. The applicant has claimed that there is no known
difference between the subject goods
exported from subject country and that produced by
the domestic industry. As submitted
by the applicant, the product under consideration
produced by the domestic industry and such as physical & chemical characteristics, manufacturing process & technology,
functions & uses, product specifications,
pricing, distribution
& marketing and tariff
classification of the goods. Consumers can use and are using the two interchangeably.
The applicant has further claimed that two are technically and commercially substitutable and, hence, should be treated as “like article” under the Rules. Therefore, for
the purpose of the present investigation, the Authority treats the subject goods produced by the applicants in India as “Like Article” to the subject goods being imported from the subject country/territory.
Countries Involved
8. The present investigation is in respect of alleged dumping of the product under consideration from China PR.
Normal
Value
9.
The applicant
has submitted that efforts
were made to get information/evidence about cost
and
prices of subject goods in the domestic market of the subject country. In the absence
of availability of reliable information in the public domain on domestic prices of the
subject goods in the subject country, the Normal value in the subject country has been
estimated on the basis of cost of production of the domestic industry for POI period. The
estimation has been duly adjusted including
selling, general and administrative expenses and
profit.
Export Price
10.
Petitioners have claimed export price as weighted average import price of the product under
consideration.
Price adjustments have been made on account of ocean freight, marine
insurance, commission,
port expenses, inland freight expenses and bank charges which
may
have been incurred by the exporter for exporting the material
to India.
Dumping
Margin
sufficient prima facie
evidence
that the normal value of the subject goods in the
subject
country is higher than the ex-factory export price, indicating that the subject goods are
being dumped into the Indian market by the exporters from the subject country. The dumping margin
is not only above de-Minimis, but also significant.
Injury
and
Causal Link
12.
Information furnished by the applicant has been considered for assessment of injury to the domestic industry. The applicant
has furnished evidence regarding the
injury having taken place as a result of the alleged dumping
in the form of increased volume of dumped
imports in absolute terms and in relation to production and consumption, price undercutting, price underselling
and
consequent adverse impact in terms of decline in production,
sales, market share, inventories. There is sufficient prima facie evidence of
the “material injury” being suffered by
the
domestic industry caused by dumped imports from
subject country to justify initiation of
an antidumping investigation.
Period of Investigation
13. The petitioners have
proposed the period April 2016 – March 2017 as the period of investigation in the petition. However, for enabling the Authority to make required analysis on the basis of more updated data, the Authority hereby determines the POI as April 2016 to June 2017 (15 Months). The injury investigation period will however, cover the data of previous three years, i.e. April 2013 - March 2014, April 2014 - March 2015, April 2015 – March 2016 and the proposed
period
of investigation
Submission of Information
14. The known
producers and exporters in the subject country, the
Government of the subject country through its embassy
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:
The
Designated Authority,
Directorate General
of
Anti-Dumping & Allied Duties, Ministry of Commerce & Industry, Department
of Commerce,
4th Floor, Jeevan
Tara Building, 5 Parliament Street, New Delhi
-110001.
15.
Any other interested party may also make its submissions relevant to the investigation in the prescribed
form
(downloadable from
the website of the Authority
at (www.dgtr.gov.in) and manner prescribed within the time limit set out below.
Time Limit
16.
Any
information relating to the present investigation 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 publication of this Notification.
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 Anti-dumping Rules. 17. All the interested parties are hereby advised to intimate their interest (including the nature of interest) in the instant
matter and file
their questionnaire responses and offer their
comments to the domestic
industry’s application regarding the
need to impose the Anti-dumping measures within 40
days from
the date of initiation of
this investigation.
17.
Any
information relating to the present investigation 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 publication of this Notification.
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 Anti-Dumping
Rules.
Submission of information on confidential/ Non-confidential basis
18.
In
case confidentiality is claimed on any
part of the questionnaire's 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.
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 and
five (05) copies
of the non-confidential version
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) any interested party
may inspect the public file containing non- confidential versions of the evidence 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.