Dear Members,
O/o The Directorate General of Trade Remedies (DGTR) has issued Notification dated 5th January 2021 regarding Final Findings in Review of anti-dumping investigation concerning imports of "Phthalic Anhydride" originating in or exported from Japan and Russia.
You might recall, that DGTR had earlier issued SSR Initiation Notification dated 11th May 2020 vide F. No. 7/11/2020-DGTR regarding Sunset Review of anti-dumping investigation concerning imports of "Phthalic Anhydride" originating in or exported from Japan and Russia.
The product under consideration is classified under Chapter 29 and subheading 29173500. The custom classification is indicative only and not binding on the scope of the investigation.
The applicant's for this SSR investigation are M/s. IG Petrochemicals Limited, M/S. Thirumalai Chemicals Ltd. and M/S. SI Group India Pvt. Ltd.
For information, the original anti-dumping investigation concerning imports of the subject goods from the subject countries was initiated by the Authority vide notification No. 14/6/2014-DGAD, dated 9th May 2014. On the basis of recommendation made by the Authority, vide Notification No. 14/6/2014-DGAD, dated 3rd November 2015 for definitive antidumping duty on the imports of subject goods originating in or exported from Japan and Russia, the imposition of antidumping duty was notified vide Customs Notification No. 56/2015 Customs, dated 4th December 2015.
Having regard to the contentions raised, information provided and submissions made and facts available before the Authority as recorded in the above findings and on the basis of the above analysis of the likelihood of continuation or recurrence of dumping and injury to the Domestic Industry, the Authority concludes that:
-
There is continued dumping of the subject goods from the subject countries.
-
The domestic industry has suffered injury.
-
Factors such as volume of imports over injury period, domestic consumption in Japan, the capacity utilization of the Japanese producers over the period, show no likelihood of injury to the domestic industry in case the ADD in force on imports from Japan is allowed to cease.
-
Factors such as positive price undercutting, excess production over demand, idle production capacities in Russia, price attractiveness of Indian market, third country dumping show likelihood of dumping and injury to the domestic industry in case the ADD in force on imports from Russia is allowed to cease.
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Factors such as significant capacity expansions in the country which will remove demand-supply gap, inter-se competition among Indian producers show that there may not be adverse effect of duties on the consumers or downstream industry.
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Recommendations (by DGTR)
The Authority notes that the investigation was initiated and notified to all interested parties and adequate opportunity was given to the domestic industry, exporters, importers and other interested parties to provide information on the aspects of dumping, injury and the causal link.
Having concluded that there is likelihood of dumping and consequent injury to the domestic industry if the existing anti-dumping duty against imports from Russia is allowed to cease, the Authority is of the view that continuation of anti-dumping duty is required on the imports of the product under consideration from Russia. However, cessation of anti-dumping duty on imports of the product under consideration from Japan is not likely to lead to injury to the domestic industry.
Under these circumstances, the Authority considers it appropriate to recommend continuation of existing quantum of anti-dumping duty on the imports of subject goods from Russia. The Authority, thus, considers it necessary to recommend continuation of definitive ADD equal to the amount indicated in Col. 7 of the duty table below for a period of five (5) years on all imports of the subject goods mentioned in column 3 of the duty table from Russia.
DUTY TABLE
S. No.
|
Heading/ Subheading
|
Description of subject goods
|
Country of origin
|
Country of export
|
Producer
|
Amount
|
Unit
|
Currency
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
(8)
|
(9)
|
1
|
29173500
|
Phthalic
Anhydride
|
Russia
|
Any country including Russia
|
Any
|
159.43
|
MT
|
US$
|
2
|
29173500
|
Phthalic
Anhydride
|
Any country other than Russia
|
Russia
|
Any
|
159.43
|
MT
|
US$
|
An appeal against the order of the Central Government that may arise out of this recommendation shall lie before the Customs, Excise and Service tax Appellate Tribunal in accordance with the relevant provisions of the Act.
Members may take note of the final findings of SSR and do the needful accordingly. For complete details, you may also refer to the said DGTR final finding Notification using below link:
https://www.dgtr.gov.in/sites/default/files/FF%20PAN%20NCV%20English_0001.pdf
Feed-backs, if any, may be sent to the council on e-mail id’s- deepak.gupta@chemexcil.gov.in, pwdd@chemexcil.gov.in, and rodelhi@chemexcil.gov.in for records/ further deliberations, if required.
Thanking You,
Yours faithfully,
Deepak Gupta
Acting Executive Director
CHEMEXCIL