Sunset Review Investigation of Anti-Dumping duty imposed on imports of “Phosphoric Acid of all grades and all concentrations.

Sunset Review Investigation of Anti-Dumping duty imposed on imports of “Phosphoric Acid of all grades and all concentrations. 

F. No. 7/28/2019-DGTR.—A. BACKGROUND OF THE CASE

Having regard to the Customs Tariff Act, 1975, as amended from time to time (hereinafter also referred to as ―the Act‖) and the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules 1995, as amended from time to time (hereinafter also referred to as ―the Rules‖) thereof.

1. The Designated Authority (hereinafter referred to as the ―Authority‖) received a joint application dated 27th November,  2019  from M/s  Gujarat Alkalies  & Chemicals  Limited and  M/s Grasim Industries Limited (hereinafter also referred to as the ―Applicants‖) requesting initiation of sunset review of anti-dumping duty (ADD) under the Act and the Rules on imports of ―Phosphoric Acid of all grades and all concentrations (excluding Agriculture/Fertilizer Grade)‖, (hereinafter also referred to as ―subject goods‖ or ―product under consideration‖ or ―PUC‖) originating in or exported from Korea RP (hereinafter referred to as ―subject country‖).

2. The original investigation was initiated on 12th November, 2008 to examine the nature and the extent of dumping and its injurious effect on the domestic industry with respect to Phosphoric Acid of all grades and all concentrations (excluding Agriculture/Fertilizer Grade) originating in or exported from Korea RP. The Authority vide its Preliminary Findings No.14/7/2007-DGAD dated 24th April, 2009 recommended imposition of provisional duty against the dumped imports of the subject goods from the subject country, which was imposed vide Customs Notification No. 74/2009–Customs dated 22nd June, 2009. Thereafter, the Authority, vide its Final Findings No. 14/07/2007-DGAD dated 11th November, 2009, found that the subject goods had been exported from the subject country at dumped prices, causing injury to the domestic industry. Therefore, the Authority recommended imposition of ADD, which were given effect vide Customs Notification No. 140/2009–Customs dated 15th December, 2009 for a period of five years.

3. The Authority initiated a sunset review on 20th June, 2014. Pending the conclusion of the investigation, the duties in force were extended upto21st June, 2015, vide Notification No. 32/2014– Customs (ADD) dated 23rd July, 2014. The Authority, vide Notification No.15/7/2014-DGAD dated 19th June, 2015, recommended continued imposition of definitive anti-dumping duties against the imports of subject goods from subject country. The findings of the Authority were given effect vide Customs Notification No. 45/2015–Customs (ADD) dated 24th August, 2015 and duties were continued till 23rd August 2020.

4. In terms of Section 9A (5) of the Act, anti-dumping duties imposed shall unless revoked earlier, cease to have effect on expiry of five years from the date of such imposition and the Authority is required to review, whether the expiry of anti-dumping duty is likely to lead to continuation or recurrence of dumping and injury. Further, Rule 23 (1B) of the Rules provides as follows:

“any definitive antidumping duty levied under the Act, shall be effective for a period not exceeding five years from the date of its imposition, unless the designated authority comes to a conclusion, on a review initiated before that period on its own initiative or upon a duly substantiated request made by or on behalf of the domestic industry, within a reasonable period of time prior to the expiry of that period, that the expiry of the said anti-dumping duty is likely to lead to continuation or recurrence of dumping and injury to the domestic industry.”

 

5. In accordance with the above, the Authority is required to review, on the basis of a duly substantiated request made by or on behalf of the domestic industry, as to whether the expiry of anti-dumping duty is likely to lead to continuation or recurrence of dumping and injury.

6. The Applicants filed an application dated 27th November, 2019 requesting initiation of sunset review of anti-dumping duty imposed earlier and seeking continuation of anti-dumping duty against imports of Phosphoric Acid of all grades and all concentrations (excluding Agriculture/Fertilizer Grade) from Korea RP. The request was based on the grounds that the expiry of the measure was likely to result in continuation of dumping of the subject goods and consequent injury to the domestic industry.

7. In view of the duly substantiated application with prima facie evidence of likelihood of dumping and injury filed on behalf of the domestic industry and in accordance with Section 9A(5) of the Act, read with Rule 23 of the Rules, the Authority initiated the sunset review Investigation vide Notification No. 7/28/2019-DGTR dated 27th December, 2019 to review the need for continued imposition of ADD in respect of the subject goods, originating in or exported from the subject country and to examine whether the expiry of the said ADD is likely to lead to continuation or recurrence of dumping and injury to the domestic industry.

8. The scope of the present review covers all aspects of the Final Findings No. 14/07/2007-DGAD dated 11th November, 2009 and Final Findings Notification 15/7/2014-DGAD dated 19th June, 2015, by which imposition and continuation of anti-dumping duty on imports of subject goods originating in or exported from the subject country had been recommended respectively.

• i. The Authority vide Notification No. 7/28/2019-DGTR dated 27th December, 2019 published a public notice in the Gazette of India, Extraordinary, initiating sunset review investigation against imports of the subject goods from the subject country.

• ii. A copy of the public notice was forwarded by the Authority to the Embassy of the subject country in India, known producers and exporters from the subject country, known importers and other interested parties, to inform them of the initiation of the subject investigation in accordance with Rule 6(2) of the Rules.

• iii. The Authority provided a copy of the non-confidential version of the application to the known producers/exporters, and to the Government of the subject country, through its embassy, and to other interested parties who made a request therefor in writing in accordance with Rule 6(3) of the Rules supra. A copy of the non-confidential version of the application was also made available in the public file and provided to other interested parties, wherever requested.

• iv. The Authority forwarded a copy of the public notice initiating sunset review investigation to the known producers / exporters in the subject country, and other interested parties  and provided them an opportunity to file response to questionnaire in the form and manner prescribed within time limit as prescribed in the initiation notification or extended time limit, and make their views known in writing in accordance with the Rule 6(4) of the Rules.

• v. The Authority forwarded copies of the Notification to the following known producers/ exporters:

1. a) Altechkorea Corporation
2. b) Apex Corporation
3. c) All A Trading Corporation
4. d) BR Corporation
5. e) Canko Marketing, Inc.
6. f) DC Chemicals Company Limited
7. g) Entro Corporation
8. h) Metachem Corporation
9. i) Miracle Breakers Company Limited
10. j) OCI Company Limited
11. k) SebitChem Company Limited
12. l) Semyoung Tech Company Limite……………………………Read More Click here