NOTIFICATION NO. 14/15/2003-DGAD DATE 22/09/2003

Initiation of anti-dumping investigations concerning import of 6-Hezanelactam from Japan, EuropeanUnion, Ngeria and Thailand in India,
M/s TPM Consultants Pvt. Ltd., New Delhi, on behalf of M/s. Gujarat State Fertilizers & Chemicals Ltd., and Ws.Fertilizers and Chemicals Travancore Limited, has filed a petition before the Designated Authority (hereinafter referred to as the Authority) in accordance with the Customs Tariff (Amendment) Act, 1995 and Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 alleging dumping of 6-Hexanelactam originating in or exported from Japan, European Union, Nigeria and Thailand and has requested for initiation of anti-dumping investigations and levy of anti-dumping duties.

1. Product Under Consideration:

Product under consideration is 6-Hexanelactam, originating in or exported from Japan, European Union, Nigeriaand Thailand. 6-Hexanelactarn is a monomer and is a base material for production of Nylon-6. 6-Hexanelactam isproduced and sold in both liquid and solid forms. Liquid form of the material can be used only by those customers who are very close to the source of the material. Producers in India use only solid form of the material. Solid form of the material is in white crystal or flakes form. There is no difference in the liquid or solid form, except for the difference in the physical forms. Further, the two solid forms also differ with each other only in terms of physical forms. It is commercially also known as Caprolactam.

6-Hexanelactam is primarily used in productions of Nylon-6, which in turn is used for production of Nylon Yarn.Nylon Yarn is used for production of Nylon Fabric for use in (a) apparels; and (b) tyre cord fabric.

6-Hexanelactam 'is classified under Chapter 29 of the Customs Tariff Act. Complete description of the productas per Customs Tariff Act is 29337100 6-Hexanelactam (epsilon Caprolactam).

2. Domestic Industry Standing:

The Present petition is being jointly filed by Ws. Gujarat State Fertilizers & Chemicals Ltd., Vadodara and M/s.Fertilizers and Chemicals Travancore Limited, Thiruvananthapuram (A Government of India Enterprises).

3. Country(ies)/ Territory Involved: The countries/territory involved in the present investigations are Japan,European Union, Nigeria and Thailand (referred to as subject countries/territory hereinafter).

4. Like Goods: The petitioner has claimed that goods produced by it are like articles to the goods originating in orexported from Japan, European Union, Nigeria and Thailand. Goods produced by the petitioner are being treated asLike Articles to the goods imported from the subject countries/territory within the meaning of the Rules.

5. Dumping and Dumping Margin:

Normal Value: The petitioner has constructed the normal value in case of Japan, European Union, Nigeria andThailand on the basis of price prevailing in the domestic market of the exporting countries.

Export price: The petitioner has claimed export price based on the import figures.

Considering the normal value and export price the dumping margins are significantly higher than the de-minimislimit.

There is sufficient evidence that the normal values of the product under consideration in the Japan, EuropeanUnion, Nigeria and Thailand are significantly higher than the prices at which it has been exported to India, indicating, prima facie, that the subject goods are being dumped by the exporters from Japan, European Union, Nigeria and Thailand.

6. Injury and Causal Link: The various economic indicators relating to domestic industry such as production, sales,profit/loss etc. collectively and cumulatively, indicates that the domestic industry has suffered injury. There is sufficient prima facie evidence that the imports of the product under consideration have caused material injury to the domestic industry.

7. Initiation of Anti-Dumping Investigation: In view of the foregoing paragraph, the Designated Authority initiatesanti-dumping investigations to determine the existence, degree and effect of alleged dumping of the subject goodsoriginating in or exported from the subject countries/territory.

8. Period of Investigation: The period of investigation for the purpose of the present investigations is 1st April,2002 to 30th June, 2003 (15 months).

9. Submission of Information: The exporters in the subject countries/territory and the importers in India known tobe concerned are being addressed separately to submit relevant information in the form and manner prescribed andto make their views known to the Designated Authority, Ministry of Commerce, Directorate of Anti- Dumping, UdyogBhavan, New-Delhi -110011. 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.

10. Time Limit: Any information relating to the present investigations should be sent in writing so as to reach theAuthority at the address mentioned above not later than forty days from the date of publication of this notification. The known exporters and importers, who are being addressed separately, are, however, required to submit the information within forty days from the date of letter addressed to them separately.

11. Anti-dumping investigations being a time bound exercise, the Designated Authority may record its findings on the basis of facts available on record in accordance with the Rules supra, if no response is received within the timestipulated or the information is incomplete in any respect.

12. Inspection of Public File: In terms of Rule 6(7), any interested party may inspect the public file containing nonconfidential version of the evidence submitted by other interested parties.

13. In case where an interested party refuses access to, or 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 Government as deemed fit.

Sd/-
L. V. SAPTHARISHI,
Designated Authority

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