DGAD Initiates Sunset Review Investigation on Paracetamol from China on Complaint of Sri Krishna Pharma Hyderabad and Farmson Pharma Vadodara

[Notification Initiation (Sunset Review) dated 24 May 2018]

Subject: Initiation of Sunset Review of Anti-dumping Duty imposed on imports of Paracetamol, originating in or exported from China PR.

F.No. 07/16/2018-DGAD - Having regard to the Customs Tariff Act, 1975 as amended in 1995 and thereafter (hereinafter 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 referred as the Rules), the Designated Authority (hereinafter referred to as the Authority) recommended imposition of anti-dumping duty on imports of “Paracetamol” (hereinafter refereed as the subject goods), originating in or exported from China PR (hereinafter referred to as the subject country).

1) WHEREAS, the original investigation concerning imports of the subject goods from the subject country was initiated by the Authority vide Notification No. 60/1/2000 – DGAD dated 30th  January, 2001. The Preliminary Finding was issued by the Authority vide Notification No. 60/1/2000-DGAD dated 16th  April, 2001 and the provisional antidumping duty was imposed by the Department of Revenue vide Notification No. 89/2001 Customs dated 6th  September, 2001. The Final Findings Notification was issued by the Authority vide notification No. 60/1/2000-DGAD dated 22nd January 2002, recommending imposition of definitive duty. On the basis of the recommendations made by the Authority in the final findings, definitive anti-dumping duty was imposed w.e.f 6th September, 2001 by the Department of Revenue vide Notifications No. 29/2002 Customs dated 27th  March, 2002 on the imports of the of the subject goods, originating in or exported from the subject country. 1st  Sunset Review concluded and Authority had issued the Final Findings in the Sunset Review vide Notification No. No. 15/20/2006-DGAD dated 23rd  July 2007 and fixed duty was imposed by the Central Government vide Notification No. 99/2007 -Customs dated 3rd  Sept, 2007. 2nd Sunset Review concluded and Authority had issued the Final Findings in the Sunset Review vide Notification No. 14/1009/2012-DGAD dated 26th  August 2013 and fixed duty was imposed by the Central Government vide Notification No 26/2013-Customs dated 28 October, 2013.

2) Whereas, Sri Krishna Pharmaceuticals Ltd, Hyderabad and Farmson Pharmaceutical Gujarat Pvt Ltd. Vadodara have filed a duly substantiated application before the Authority, on behalf of the producers of the subject goods in India, 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 and consequent injury to the domestic industry and have requested for review and continuation of the anti-dumping duties, imposed on the imports of the subject goods, originating in or exported from the subject country.

Domestic Industry

3) The application for the sunset review has been filed by Sri Krishna Pharmaceuticals Ltd. Hyderabad and Farmson Pharmaceutical Gujarat Pvt Ltd. Vadodara, on behalf of the domestic industry. As per the information available, the applicants account for a major proportion in Indian production of the subject goods and therefore constitute the domestic industry within the meaning of the Rules.

Product under consideration and Like Article

4) The product under consideration, in the original as well as the present sunset review investigation, is “Paracetamol also known as acetaminophen”, originating in or exported from China PR. The present investigation being a sunset review, the investigation covers the product covered in the original investigation.

5)   Paracetamol is an odourless white crystalline powder. Its chemical formula is C8H9NO2. Paracetamol is a bulk pharmaceutical active ingredient, displaying analgesic and antipyretic properties. It is used in a number of Rx and OTC drug formulations in the form of powders, granules, injectibles and tablets. Paracetamol is an organic chemical and is classified under custom sub-heading 2922.2933 of the Customs Tariff Act, 1975. The customs classification is, however, indicative only and is in no way binding on the scope of the present investigation.

Initiation of Sunset Review

6)   WHEREAS, in view of the duly substantiated application filed and in accordance with Section 9 A (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 country 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.

Country involved

7)   The country involved in this investigation is China PR.

Period of Investigation

8)   The petitioner has given the POI in the petition from 1st  April 2017 to 31st  March, 18. The Authority has also decided the Period of Investigation (POI) for the purpose of the present review is from 1st April 2017 to 31st  March 2018. However, injury analysis shall cover the years Apr’14-Mar’15, Apr’15-Mar’16, Apr’16-Mar’17and the POI.

Procedure

9)   The present sunset review covers all aspects of the final findings of the original investigation published vide Notification No.60/1/2000-DGAD dated 22nd January 2002, the Sunset review findings published vide Notification No. 15/20/2006-DGAD dated 23rd  July 2007 and the Sunset Review findings published vide notification No. 14/1009/2012-DGAD dated 26 August,2013.

10)  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

11)  The known 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 Trade Remedies,

Ministry of Commerce & Industry, Department of Commerce

4th Floor, Jeevan Tara Building,

5 Parliament Street, New Delhi -110001.

12)  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 make a non-confidential version of the same available to the other parties.

Time Limit

13)  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 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.

14)  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 continue or otherwise the Anti-dumping measures within 40 days from the date of initiation of this investigation.

Submission of information on confidential basis

15) 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.

16)  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.

17)  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.

18)  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.

19)  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.

20)  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:

21)  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

22)  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.