Dumping Investigation on Opal Glassware from China and UAE
[Ref:
No.14/24/2010-DGAD dated 26th August 2010]
Sub:- Initiation of anti-dumping investigation concerning
imports of Opal Glassware originating in or exported from China PR and UAE.
M/s TPM Consultants & Solicitors,
on behalf of M/s La Opala Rg
Ltd., has filed an application before the Designated Authority (herein after
referred to as the Authority) in accordance with the Customs Tariff Act, 1975
as amended in 1995 and Customs Tariff (Identification, Assessment and
Collection of Anti-Dumping Duty on dumped articles and for determination of
injury) Rules, 1995 (herein after referred to as Rules) for initiation of anti
dumping investigation concerning alleged dumping of Opal Glassware (hereinafter
referred to as subject goods) originating in or exported from China PR and UAE
(hereinafter referred to as subject countries).
2. AND
WHEREAS, the Authority finds that sufficient prima facie evidence of dumping of
subject goods by the subject countries, injury to the domestic industry and
causal link between the dumping and injury exist, the Authority hereby
initiates an investigation into the alleged dumping, and consequential injury
to the domestic industry in terms of the Rules 5 of the said 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
3. The
application has been filed on behalf of M/s La Opala Rg Ltd. This producer has provided information relevant to
the present investigation. The production of the applicant company constitutes
more than 50 % of total Indian production. The Authority has determined that
(a) production of the applicant company constitutes a major proportion in Indian
production and ; (b) the application has been made by
or on behalf of the domestic industry.
4. The
Authority after examining the above, prima facie determines that the petitioner
constitutes domestic Industry within the meaning of the rule 2(b) read with
2(d) and the application satisfies the criteria of standing in terms of Rule 5
of the Rules .2
Product
under consideration
5. The product under consideration in the
present petition is Opal Glassware of all types. Opal Glass is a milky white
glass, widely used in lighting fixtures and tableware. It has a property of
diffusing light, which makes Opal Glassware attractive. Sand/ Quartz, Lime,
Dolomite, Trona, Orthoclase, Borax, Albite are used to produce opal glass for manufacturing
opal glassware.The product under consideration is
used for general serving including serving of tea, coffee, soup, and snacks.
6. Opal Glassware is classified under Custom
Sub Heading No. 7013 under the Custom Tariff Act, 1975.
Like
Articles
7. The applicant has claimed that the goods
produced by them are “like articles” to the goods originating in or exported
from the subject countries. The subject goods produced by the domestic industry
and imports from subject countries are comparable, technically and commercially
substitutable in terms of physical, technical specifications, functions or
end-uses. Therefore, for the purpose of investigation, the opal glassware
produced by the applicant are being treated as like
articles of opal glassware imported from subject countries within the meaning
of the Anti Dumping Rules.
Countries
involved
8. The countries involved in the present
investigation are China PR and UAE.
Dumping
Normal
Value
Petitioner has
claimed China as a non market economy country and has claimed normal value in
accordance with Para-7, Annexure-I to the Rules. Petitioner has claimed normal
value on the basis of estimates of cost of production, including selling,
general & administrative overhead and reasonable profit. Constructed normal
value thus claimed is considered as prima facie evidence of normal value for
China for the purpose of initiation. In respect of UAE normal value is also
constructed by the Petitioner which is considered as the prima facie evidence
of normal value for UAE. For the purpose of initiation, the Authority has
prima-facie considered the normal value of subject goods in subject countries
as claimed by the petitioner.
Export
price
Export price has been claimed
considering volume and value of imports for the proposed period of
investigation as per transaction wise data released by IBIS. The relevant
import transactions have been converted into weight by the petitioner. Import
price has been determined by considering all known imports of the product under
consideration. Adjustments are claimed towards ocean freight, marine insurance,
commission, port handling, inland transportation and bank commission to arrive
at the ex-factory export price. The Authority notes that there is sufficient
prima facie evidence of the net export price for the subject goods from the
subject countries.
Dumping
Margin
13. There is sufficient evidence that the normal
values of the subject goods in the subject countries are significantly higher
than the net export prices indicating prima-facie that the subject goods are
being dumped by the exporters from the subject countries. Normal value and
export price have been compared at ex-factory level which shows significant
dumping margin in respect of subject countries.
Injury
and Causal Link
14. The petitioner has furnished information on
various parameters relating to material injury. The applicant has furnished
evidence regarding the injury having taken place as a result of the alleged
dumping in the form of fall in capacity utilization, return on capital employed
and profitability. Further prima-facie evidence is available indicating price
undercutting and price suppression effects of dumped imports from subject
countries. There is sufficient prima-facie evidence of the material injury
being suffered by the domestic industry and the same being caused by dumped
imports from subject countries.
Period
of Investigation
15. The period of investigation in this case is
1st April 2009 -31st March 2010. For the purpose of injury determination,
Preceding three years i.e. 2006-07, 2007-08 and 2008-09 will be considered.
Submission
of information
16. The exporters and importers known to be
concerned and domestic industry are being informed separately to enable them to
file all information relevant in the form and manner prescribed. Any other
party interested to participate in the present investigation may write to:
The
Designated Authority
(Directorate General of Anti-Dumping & Allied Duties)
Government of
India
Ministry of
Commerce & Industry
Department of
Commerce
Udyog Bhavan, New Delhi-110011.
Time limit
17. Any
information relating to this investigation should be sent in writing so as to
reach the Authority at the above address not later than 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 their findings on the basis of the facts available on record in
accordance with the Rules supra.
Inspection of Public File
18. 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.
19. All interested parties shall provide a
confidential and non-confidential summary in terms of Rule 7 (2), for the
confidential information provided as per Rule 7 (1) of the Rules supra.
20. 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 record its
findings on the basis of the facts available to it and make such
recommendations to the Central Governments as deemed fit.