Dumping Investigation Initiated on DVD from
Malaysia, Thailand and Vietnam
To
be published in Part-I Section I of the Gazette of India Extraordinary
Government
of India
Department of Commerce
Ministry of Commerce & Industry
(Directorate General of Anti-Dumping & Allied
Duties)
Udyog Bhawan, New Delhi
Dated
the 5th May, 2009
INITIATION
NOTIFICATION
Subject:
Initiation of Anti-dumping investigations on imports of Recordable Digital
Versatile Disc [DVD] of all kinds from Malaysia, Thailand and Vietnam.
No.14/16/2009-DGAD,
M/s Optical Disc Manufacturers Welfare Association, New Delhi has filed an
application before the Designated Authority (herein after referred to as the
Authority) in accordance with the Customs Tariff Act, 1975 as amended in 1995
and Customs Tariff (Identification, Assessment and Collection of Anti-Dumping
Duty on dumped articles and for determination of injury) Rules, 1995(herein
after referred to as Rules) for initiation of anti dumping investigation
concerning alleged dumping of Recordable Digital Versatile Disc [DVD] of all
kinds (hereinafter referred to as subject goods) originating in or
exported from Malaysia, Thailand and Vietnam. (hereinafter
referred to as subject countries).
2.
AND WHEREAS, the Authority finds that sufficient prima facie evidence of
dumping of subject goods by the subject countries, injury to the domestic industry
and causal links between the dumping and injury exist, the Authority hereby
initiates an investigation into the alleged dumping, and consequent injury to
the domestic industry in terms of the Rules 5 of the said Rules, to determine
the existence, degree and effect of any alleged dumping and to recommend the
amount of antidumping duty, which if levied would be adequate to remove the
injury to the domestic industry.
Domestic
Industry
3.
Application has been filed by M/s Optical Disc Manufacturers Welfare
Association, New Delhi through TPM Consultants, New
Delhi on behalf of the domestic industry. As per the evidence available
applicant has the standing to file the case for anti dumping investigation on
behalf of domestic industry as per Rule 2(b) and Rule 5(3)(a)
of Anti Dumping Rules.
Product
under consideration
4.
The product under consideration is “Recordable Digital Versatile Disc [DVD] of
all kinds)” which is being dumped in the Indian market by the exporters from
Malaysia, Thailand and Vietnam.
5. DVD
can be of a number of types, such as DVD-R, DVD+R, DVD-RW, DVD+RW, mini DVD-R,
mini DVD-RW. A DVD can be recorded once or several times.
6.
The product is classified under ITC (HS) and Customs Classification No. 8523.
However, the above classification is indicative only and is no way binding on
the investigation.
Like
Articles
7.
The applicant has claimed that the goods produced by them are “like articles”
to the goods originating in or exported from the subject countries. Recordable
Digital Versatile Disc [DVD] produced by the domestic industry and imports from
subject countries are comparable, technically and commercially substitutable in
terms of physical, technical characteristics, functions and uses. Therefore,
for the purpose of investigation the Recordable Digital Versatile Disc [DVD]
produced by the applicant is being treated as like articles of
Recordable Digital Versatile Disc [DVD] imported from subject countries within
the meaning of the Anti Dumping Rules.
Countries
involved
8.
The countries involved in the present investigation are Malaysia, Thailand and
Vietnam.
Normal
Value
9. The
Authority notes that the applicant has proposed that Vietnam be treated non
market economy, and also notes that for determining normal value the applicant
has considered normal value determined for Malaysia as the normal value in
Vietnam .The Authority notes that the applicant has claimed normal value of
subject goods in subject countries based on estimated cost of production by
considering the published prices of major input and estimates of conversion
cost by taking appropriate values of utilities of the major producer of the
domestic industry. For the purpose of initiation, the Authority has prima-facie
considered the normal value of subject goods in subject countries on the basis
of estimated cost of production as made available by the applicant
.
Export
Price
10.
The export prices have been claimed on the basis of data obtained from Impex Statistics. Price adjustments have been claimed on
account of Ocean freight, overseas insurance in the countries of export, inland
freight, port expenses, commissions and bank charges to arrive at the net
export price. There is sufficient evidence of export prices claimed by the
applicants for the subject goods from the subject countries.
Dumping
Margin
11.
There is sufficient evidence that the normal values of the subject goods in the
subject countries are significantly higher than the net export prices
indicating prima-facie that the subject goods are being dumped by the exporters
from the subject countries.
Injury
and Causal Link
12.
The applicant has furnished evidence regarding the injury having taken place as
a result of the alleged dumping in the form deteriorating losses because of
increased volume of dumped imports, price undercutting and price underselling
by imports from subject countries. There is sufficient prima-facie evidence of
the material injury being suffered by the domestic industry caused by dumped
imports from subject countries.
Period
of Investigation
13.
The period of investigation (POI) for the purpose of present investigation is
1st April 2008 to March 2009 (12 months). The injury investigation period will
however cover the periods April,2005-March,06,
April,2006–March,2007, April,2007-March,2008 and the POI.
Retrospective
imposition of duties
14.
The applicant has requested for retrospective imposition of duty on the ground
that there is history of dumping and injury is caused by massive dumping of
article imported in a relatively short time. The interested parties may make
their submissions in this regard.
Submission
of information
15.
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
Department of Commerce
Udyog
Bhavan, New Delhi-110011.
Time
limit
16.
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.
INSPECTION
OF PUBLIC FILE
17.
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.
18.
All interested parties shall provide a confidential and non-confidential
summary in terms of Rule 7 (2), for the confidential information provided as
per Rule 7 (1) of the Rules supra.
19.
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.
(R.
Gopalan)
The
Designated Authority