NOTIFICATION NO. 38/1/2001-DGAD DATE 11/10/2002

New Shipper Review in respect of M/s. Papierfabrik August Koehler Ag. Germany regarding Anti Dumping Duty levied on, Thermal Sensitive Paper imports from EU-Termination reg.
No. 38/1/2001-DGAD.- Having regard to the Customs Tariff Act, 1975 as amended in 1995 and the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, thereof.

A. PROCEDURE:

2. The procedure described below has been followed with regard to the investigations:-

(i) The Designated Authority (hereinafter referred to as Authority), under Rules initiated the New Shipper Review of anti-dumping duty imposed on imports on Thermal Sensitive Paper (hereinafter referred to as subject goods) originating in or exported from European Union (hereinafter referred to as subject country/territory) at the request of M/s Papierfabrik August Koehler Ag, Germany (hereinafter also referred to as the said exporter) pursuant to the final findings notification no. 25/1/98/ADD, dated 3rd March, 2000. This New Shipper Review was initiated vide notification no. 38/1/2001/-DGAD dated 15.10.01.

(ii) The Authority forwarded a copy of the public notice to M/s Papierfabrik August Koehler Ag, Germany and to the following known exporters and gave them an opportunity to make their views known in writing in accordance with the Rule 6(2).

Jujo Paper Co. Ltd., P.O. Box No. 92,
P1 - 55, 27501 Kauttua, Finland.

Japan Pulp & Paper GmbH,
Immermannsirasse, 14-16,
402100, Dusseldorf, Germany.

Storta Spazialpapiere GmbH,
Husumer Strasse 12,
29241, Flensburg, Germany.

Mitsubishi Hitek Paper Limited,
Husumer Strasse 12, 24941,
Flensburg, Germany.

(iii) The Authority forwarded a copy of the public notice to the known industry association, the domestic industry and gave them an opportunity to make their views known in writing.

(iv) The Designated Authority forwarded a copy of the initiation notification to the known interested parties who were requested to furnished their views, if any, within the time limits indicated.

(v) The Authority forwarded the initiation notification to the European Union, Delegation of the European Commission in India, New Delhi and the Embassy of the Federal Republic of Germany in New Delhi with a request to advise the exporters/producers from their country to respond to the questionnaire within the prescribed time.

(vi) The period of investigation (POI) for the New Shipper Review was 1st November, 2001 to 30th April, 2002.

(vii) The time limit for submission of response to the Initiation Notification was 30 days from the date of completion of investigation period i.e., 30th May, 2002.

(viii) * * *In this notification represents information furnished by the interested party on confidential basis and so considered by the Authority under the Rules.

3. None of the interested parties had made any submissions in response to this Review within the time limit up to 30th May, 2002. M/s Papierfabrik August Koehler Ag, Germany requested for an extension for submission of response which was allowed by the Authority.

4. M/s Papierfabrik August Koehler Ag, Germany submitted a confidential response to the questionnaire giving information relating to domestic sales, exports to India, sales price structure for exports and domestic sales and factory cost etc. As per their response, M/s Papierfabrik August Koehler Ag, Germany have made exports of * * *MT to India during the POI. The said exporter did not submit any non-confidential summary of the response as required under the Rules supra.

5. Examination by the Authority:

(I) The New Shipper Review had been initiated at the request of M/s Papierfabrik August Koehler Ag, Germany as per Rule 22 of Rules Supra, which provide as under:-

`If a product is subject to Anti-dumping Duties, the Designated Authority shall carry out a periodical review for the purpose of determining individual margins of dumping for any exporters or producers in the exporting country in question who have not exported the product to India during the period of investigation, provided that these exporters or producers show that they are not related to any of the exporters or producers in the exporting country, who are subject to the Anti-dumping Duties on the product'.

(ii) The Authority had also initiated a Review vide notification no.31/1/2001-DGAD, dated 13.9.2001 (hereinafter also called the Mid-term Review) in respect of Anti-dumping Duties imposed on imports of Thermal Sensitive Paper from European Union. This review had been initiated at the request of the domestic industry. The period of investigation for this Review has been from 1.4.2000 to 31.3.2001.

(iii) The said exporter has also participated in this Mid-term review initiated on 13.9.2001. As per the response made by the said exporter, they had made significant exports of * * * MT of Thermal Sensitive Paper during this period of investigation i.e., 1.4.2000 to 31.3.2001.

(iv) The Authority has notified the Final Findings in the above mentioned Mid-term Review vide notification No.31/1/2001-DGAD dated 11.9.2002. In these Findings the Authority had determined dumping margin to the extent of 53.07% in respect of the exports of Thermal Sensitive Paper made by said exporter during the period 1.4.2000 to 31.3.2001.

(v) The Authority has made recommendation to the Department of Revenue vide its aforesaid notification dated 11.9.02 for imposition of anti-dumping duty on the exports of the said exporter and also other exporters from European Union.

Conclusions: -

6. The Authority, having examined all the above facts, is of the view that the said exporter M/s. Papierfabrik August Koehler Ag, Germany had made significant volume of exports of Thermal Sensitive Paper during the period April 2000 - March 2001. Based on the response furnished by the said exporter in the Mid-term Review, the Authority has very recently on 11th September 2002 made a Final Findings as regards dumping by the said exporter. The Authority also notes that the volume of exports made by the said exporter during the period of investigation for New Shipper Review i.e. between November 2001 to April 2002 was relatively small i.e. only * * *MT. The said exporter had also not provided any non-confidential summary of their response. Having made a Finding as recently as on 11.9.02 regarding dumping by the said exporter in the matter of export of Thermal Sensitive Paper in the other Mid-term Review, the main objective of the New Shipper’s Review of determining individual dumping margin for the concerned exporter has already been realized. The Authority does not consider it necessary to issue Findings as regards dumping in the New Shipper Review initiated vide notification 38/1/2001/-DGAD dated 15.10.01. The New Shipper Review initiated vide the said notification dated 15.10.01 therefore stands terminated.

Sd/-
L. V SAPTHARISHI
Designated Authority

Issued by:
Governemnt of India
Ministry of Commerce and Industry
(Department of Commerce)
(Directorate General of Anti-Dumping and Allied Duties)
New Delhi

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