Anti-dumping
Review of PTA from Korea and Thailand Initiated on Reliance and MCPI
Application
[Initiation
Notification [Case No – 19/2018] dated 31 October 2018]
(Sunset Review Investigation)
Subject: Initiation of Sunset
Review anti-dumping investigation on imports of Purified Terephthalic Acid
(PTA), originating in or exported from Korea RP and Thailand
F. No. 7/36/2018-DGTR: M/s MCPI Private Limited and M/s
Reliance Industries Limited (hereinafter referred to as the applicants or
petitioners) have filed an application 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 sunset review anti-dumping investigation concerning imports
of Purified Terephthalic Acid (PTA), (hereinafter also referred to as the
subject goods), originating in or exported from Korea RP and Thailand
(hereinafter also referred to as the subject countries).
2. Whereas, the petitioners have filed a duly substantiated
application 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 Korea RP and Thailand 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 countries.
A. BACKGROUND
3. Whereas, the original investigation concerning imports of
the subject goods from China PR, European Union, Korea RP and Thailand was
initiated by the Authority vide Initiation Notification dated 8th October,
2013. Vide preliminary findings dated 19th June, 2014, the Designated Authority
recommended imposition of provisional duty, which was imposed vide Notification
No. 36/2014 – Customs (ADD) dated 25th July, 2014. Thereafter, it was found that
the imports from China PR and European Union were below de minimis and
accordingly investigation as against imports therefrom were terminated. Vide
final findings [Notification No.14/7/2013-DGAD] dated 7th April, 2015, the
Designated Authority recommended imposition of duty against imports of subject
goods from Korea RP and Thailand. On the basis of the said recommendations,
anti-dumping duty was imposed Notification No. 23/2015 – Customs (ADD) dated
27th May, 2015.
B. SUBJECT COUNTRIES
4. The countries involved in this
investigation are Korea RP and Thailand.
C. PRODUCT UNDER CONSIDERATION
5. The product under consideration is “Purified Terephthalic
Acid (PTA), including its variants - Medium Quality Terephthalic Acid (MTA) and
Qualified Terephthalic Acid (QTA)”. The present investigation being a sunset
review, the scope of product under consideration is the same as that in the
original investigation.
6. The product under consideration is a white free flowing
crystalline powder. Terephthalic Acid is an organic compound whose chemical
formula is C6H4(COOH)2. It sublimes at 402oC and is poorly soluble in water and
alcohol.
7. The product under consideration is classified customs
tariff code 2917 36 00. The customs classification is, however, indicative only
and is in no way binding on the scope of the present investigation.
D. LIKE ARTICLE
8. The petitioners have claimed that there is no known
difference in the subject goods produced by the Indian industry and exported
from subject countries. Subject goods produced by the petitioners and imported
from the subject countries are comparable in terms of physical
& technical characteristics, manufacturing process &
technology, functions & uses, product specifications, pricing, distribution
& marketing and tariff classification of the goods. The two are technically
and commercially substitutable. The consumers are using the two
interchangeably.
9. The scope of the product under consideration has been
kept the same as was considered by the Designated Authority at the time of
previous final findings. Subject goods produced by the petitioner companies are
being treated as ‘like article’ to that being imported from the subject
countries for the purpose of the present review investigation.
E. DOMESTIC INDUSTRY
10. The application for the sunset review has been filed by
M/s MCPI Private Limited and
M/s Reliance Industries Limited.
11. As per the information available, the petitioners have
neither imported the subject goods nor are related to any producer or exporter
of subject goods in the subject countries, nor to any importer of the subject
goods. Further, the petitioners account for a major proportion in Indian
production of the subject goods. Therefore, the Authority has considered the
petitioners as Domestic Industry within the meaning of the Rule 2(b) of the Rules
and the application satisfies the criteria of standing in terms of Rule 5 of
the Rules supra.
F. INITIATION OF SUNSET REVIEW
12. Whereas, in view of the duly substantiated application
filed and 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.
G. PERIOD OF INVESTIGATION
13. The Period of Investigation (POI)
for the present investigation is financial year 1st April, 2017 to 31st March,
2018 and the injury analysis shall cover the years 2014-15, 2015-16, 2016-17
and the POI.
H. PROCEDURE
14. The present sunset review covers all
aspects of the final findings of the original investigation published vide
Notification No.14/7/2013-DGAD dated 7th April, 2015.
15. The provisions of Rules 6, 7, 8, 9,
10, 11, 16, 17, 18, 19 and 20 of the Rules shall be mutatis mutandis applicable
in this review.
I. SUBMISSION OF INFORMATION
16. The known exporters in the subject countries, the
Government of the subject countries 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.
17. 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.
J. TIME LIMIT
18. 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 issue of letter by the
authority intimating initiation of the investigation. 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.
K. SUBMISSION OF INFORMATION ON CONFIDENTIAL BASIS
19. 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.
20. 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 two (2) copies of the
non-confidential version must be submitted by all the interested parties.
21. 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.
22. 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.
23. 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.
24. 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.
L. INSPECTION OF PUBLIC FILE
25. 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.
M. NON-COOPERATION
26. 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.