NOTIFICATION NO. 14/50/2002-DGAD DATE 27/12/2002

Initiation of Anti-Dumping investigations concerning imports of Green Veneer Tape from Chinese Taipei.
M/s Waterproof Corporation Pvt. Ltd., Mumbai, filed a petition on behalf of the Domestic industry in accordance 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 before the Designated Authority (hereinafter referred to as the Authority) alleging dumping of Green Veneer Tape from Chinese Taipei (hereinafter referred to as the subject country) and requested for Anti-Dumping investigations and levy of Anti-Dumping Duties.

1. Domestic Industry:– The petition has been filed by M/s. Waterproof Corporation Pvt. Ltd., on behalf of the domestic industry. This petitioner company represents 100% of the production of the subject goods under consideration. As per the evidence available petitioner has the standing to file the case for anti dumping investigation on behalf of domestic industry as per rule 5 of Anti Dumping Rules.

2. Product, under consideration:– The product under consideration is known as Green Veneer Tape (Also referred to as subject goods hereinafter). It is also known as gummed paper reels mainly imported in jumbo rolls. It is used as a production aid in the manufacture of veneer sheets from logs and also used for edge bending while peeling the logs. It has been imported under Chapter 48 of Customs Tariff Act. Though the classification sub-headings 48.11, 4811.4900, 48.23, and 4823.1900 suggest description as Green Veneer Tape. The classification is, however indicative only and is in no way binding on the scope of the present investigation. Petitioners have requested to initiate the anti dumping investigation against the product under consideration irrespective of the types/grades under which they are being imported.

3. Countries involved: The country involved in the present investigation is Chinese Taipei.

4. Like articles: Green Veneer Tape produced by the domestic industry and imports from subject country is comparable in terms of characteristic such as physical and chemical characteristics, manufacturing process and technology, functions and uses, product specification, pricing, distribution and marketing, and tariff classification of the goods. The two are technically and commercially substitutable and used interchangeably. Therefore, for the purpose of investigation the Green Veneer Tape produced by the petitioner is being treated as like product of Green Veneer Tape (hereinafter referred to as subject goods) imported from subject countries within the meaning of the Anti Dumping Rules.

5. Normal value: The Authority notes that the petitioner has claimed normal value of subject goods in Chinese Taipei on the basis of estimated cost of production of the subject goods duly adjusted to include selling, general and administrative expenses and reasonable profit margin for Chinese Taipei. Thus the authority has prima facie, consider the normal value of the subject goods in subject country on the basis of as information made available by the petitioner and it has been considered by the Authority for the purpose of initiation.

6. Export Price: The export price has been claimed on the basis of the data compiled from secondary sources i.e. impex statistics services. Price adjustments have been claimed on account of Ocean freight, marine insurance, inland transportation in the country of exports, port handling and port charges, commissions etc to arrive at the net export price. There is sufficient evidence of export price and the adjustments claimed for the subject goods from the subject countries, as made available by the petitioner and it has been considered by the authority for the purpose of initiation.

7. Dumping Martin: There is sufficient evidence that the normal value of the subject goods in the subject country is significantly higher than the net export price indicating prima-facie that the subject goods are being dumped by the exporters from the subject country.

8. Injury and Causal Link: The petitioner has furnished evidence regarding the injury having taken place as a result of the alleged dumping in the form of fall in their market share because of increased volume of dumped imports, decline in sales volume and utilization of capacity, lost sales and substantial decline in profitability for the domestic industries. There is sufficient prima-facie evidence of the material injury being suffered by the petitioner caused by dumped imports from subject countries.

9. Initiation of Anti-Dumping investigation: The Authority in view of the foregoing paragraphs, initiates antidumping investigation into the existence, degree and effect of alleged dumping of the subject goods originating in or exported from the subject country.

10. Period of investigation: The period of investigation for the purpose of present investigation is 1st April 2001 to 31st March 2002.

11. Submission of information: 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
Udyog Bhavan, New Delhi-110011.

12. Time limit: 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.

13. INSPECTION OF PUBLIC FILE: 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.

14. All interested parties shall provide a confidential summary in terms of Rule 7 (2), for the confidential information provided as per Rule 7 (1) of the Rules supra.

15. 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.

Sd/-
L. V SAPTHARISHI,
Designated Authority

Issued by:

Ministry of Commerce and Industry
(Department of Commerce)
(Directorate General of Anti-Dumping and Allied Duty), New Delhi

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