(Department of Commerce)
(DIRECTORATE GENERAL OF TRADE REMEDIES)
FINAL FINDINGS
New Delhi, the 28th December, 2020
(OI CASE No: 17/2019)
Subject: Anti-dumping investigations on the imports of ―Polyethylene Terephthalate (PET Resin) originating in or exported from China PR.
F. No. 6/24/2019-DGTR.—Having regard to the Customs Tariff Act 1975 as amended from time to time (hereinafter referred as the Act) and the Customs Tariff (Identification, Assessment and Collection of Antidumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 thereof, as amended from time to time (hereinafter referred as the Anti-Dumping Rules or AD Rules);
A. BACKGROUND OF THE CASE
1. Whereas, M/s IVL Dhunseri Petrochem Industries Private Limited and M/s Reliance Industries Limited (hereinafter referred to as the applicants or petitioning domestic industry) have filed an application before the Authority in accordance with the Customs Tariff Act, 1975 and the Anti- Dumping Rules for initiation of anti-dumping investigation concerning imports of the Polyethylene Terephthalate (hereinafter also referred to as the product under consideration or the subject goods) from China PR (hereinafter also referred to as the subject country).
2. And whereas, in view of the duly substantiated application filed by the applicants, the Authority in accordance with Section 9 of the Act read with Rule 5 of the Anti-Dumping Rules, initiated the anti-dumping investigation vide File No. 6/24/2019-DGTR dated1st October, 2019, published in the Gazette of India, to determine the existence, degree and effect of any alleged dumping of the subject goods and to recommend the amount of anti-dumping duty, which if levied, would be adequate to remove the alleged injury to the domestic industry.
B. PROCEDURE
3. The following procedure has been followed with regard to this investigation:
a. The Authority notified the Embassy of subject country in India about the receipt of the present anti- dumping application before proceeding to initiate the investigation in accordance with Sub-Rule (5) of Rule 5 supra.
b. The Authority issued a public notice dated 1st October, 2019 published in the Gazette of India Extraordinary, initiating anti-dumping investigation concerning import of subject goods from subject country.
c. The Authority sent a copy of the initiation notification dated 1st October, 2019, to the embassy of the subject country in India, the known producers and exporters from the subject country, known importers and other interested parties, as per the available information. The interested parties were requested to provide relevant information in the form and manner prescribed and make their submissions known in writing within the prescribed time-limit.
d. The Authority also provided a copy of the non-confidential version of the application to the known producers/exporters and to the Embassy of the subject country in India in accordance with Rule 6(3) of the Anti-Dumping Rules.
e. The Embassy of the subject country in India was also requested to advise the exporters/producers from their country to respond to the questionnaire within the prescribed time limit. A copy of the letter and questionnaire sent to the producers/exporters was also sent to it along with the names and addresses of the known producers/exporters from the subject country.
f. The Authority sent questionnaires to the following known producers/exporters in the subject country in accordance with Rule 6(4) of the Rules:
- Jiangsu Sanfangxiang Group Co., Ltd.
- Zhejiang Wankai New Materials Co. Ltd.
- Far Eastern Industries (Shanghai) Ltd.
- Dragon Special Resin(Xiamen) Co. Ltd
- Guangdong IVL PET Polymer Co., Ltd.
- Zhongxin Industry Co., Ltd.
- Changzhou Hengqi Plastics Co., Ltd.
- Chengold
- Chongqing Pengwei
- Dragon Special Resin
- Foshan Famous Polymer Materials Co., Ltd.
- Guangdong IVL PET Polymer Co Ltd. (Indorama Ventures)
- Henan Longyu Coal Chemical Co Ltd.
- Zhejiang Zhenbang Chemical Fiber Co Ltd
- Jiangsu Sanfangxiang Group
- Maoming Petrochemical Company
- Zhejiang Yisheng Petrochemical Co Ltd.
- Sinopec Yizheng Chemical Fibre Co Ltd.
- Tongkun Group Co., Ltd.
- Henan Zhongfu Industrial Co., Ltd
- Zhejiang Zhengkai
- Yuhua Polyester Co., Ltd.
g. In response to the above notification, following exporters/ producers have responded or submitted exporter questionnaire responses:
- Jiangyin Chengold Packaging Materials Co. Ltd
- China Prosperity (Jiangyin) Petrochemical Co. Ltd.
- Zhejiang Wankai New Materials
- Jiangsu Xingye Plastic Co., Ltd.
- Jiangyin Xingyu New Material Co., Ltd.
- Jiangsu Sanfame International Trade Co., Ltd
h. The Authority sent questionnaires to the following known importers / users of subject goods in India calling for necessary information in accordance with Rule 6(4) of the Rules.
- Guala Closures India Private Ltd.
- Pepsico India Holdings Pvt Ltd.
- Sunrise Containers Ltd.
- Asb International Pvt Ltd.
- Starpet Trading Pvt Ltd.
- Madras Hardtools Pvt Ltd.
- Saikrupa Polymers Corporation
- S.S. Polymers
- Vinay Plastics
- Ketul Chem Pvt Ltd.
i. Response has been filed by Madras Hardtools Pvt. Ltd. and Indian Plastics Federation.
j. Authority made available non-confidential version of the evidence presented by various interested parties on mutual basis in the manner prescribed through Trade Notice no. 01/2020 dated 10.04.2020 (extended till 31.12.2020). Submissions made by all interested parties have been taken into account till the extent found necessary by the Authority in this document.
k. Request was made to the Directorate General of Commercial Intelligence and Statistics (DGCI&S) to provide transaction-wise details of imports of subject goods for the past three years, including the period of investigation, which has been received by the Authority. The analysis of the DGCI&S data received by the Authority has been done and it has been observed that there is no significant difference in the analysis done by the Authority and the analysis done by the Domestic Industry. Since the interactions with the Domestic Industry could not be held on the transaction wise data for consideration of PUC and Non PUC, the Authority has relied upon the analysis submitted by the Domestic Industry for computation of the volume of imports and the Landed value for final determination.
l. The Non-Injurious Price (hereinafter referred to as ‗NIP‘) based on the cost of production and reasonable profits the subject goods in India, based on the information furnished by the domestic industry on the basis of Generally Accepted Accounting Principles (GAAP) and Annexure III to the Anti-Dumping Rules, has been worked out so as to ascertain whether anti-dumping duty lower than the dumping margin would be sufficient to remove injury to the domestic industry.
m. In terms of provision contained in Rule a(d) of the Rules, the Authority issued Preliminary findings dated 05.08.2020 along with a corrigendum notification dated 04.09.2020 published in the Gazette of India Extraordinary, and recommended imposition of provisional anti-dumping duty by Central Government.
n. In accordance with Rule 6(6) of the Rules, the Authority provided opportunity to all interested parties to present their views orally in a hearing held through NIC video conference on 04.12.2020, which was attended by all interested parties. The interested parties who presented their views in the oral hearing were requested to file written submissions of their views expressed orally. The parties were also advised to collect written submissions made by the opposing parties and were provided an opportunity to submit their rejoinders thereafter. Central Government has accorded permission for extension of time period for investigation up to 31st December, 2020 for completing the subject investigation and notifying the final findings.
o. Disclosure statement (NCV) served to all interested parties with confidential version to concern on 17/12/2020 through email along with reasonable time given for filing the comments, if any. Comments received from interested parties and the same taken on record by the Authority.
p. Verification of the information provided by the domestic industry was carried out by the Authority, to the extent necessary, by way of on-site visit and table study. Only such verified information with necessary rectification, wherever applicable, has been relied upon for the purpose of the subject investigation.
q. The period of investigation (POI) for the purpose of present investigation is October, 2018 to June, 2019 (9 months). The injury period includes 2016-17, 2017-18, 2018-19 and the period of investigation in addition.
r. The different submissions made by the interested parties during the course of this investigation, wherever found relevant, have been addressed by the Authority, in this document.
s. Information provided by the interested parties on confidential basis was examined with regard to sufficiency of the confidentiality claim. On being satisfied, the Authority has accepted the confidentiality claims wherever warranted and such information has been considered as confidential and not disclosed to other interested parties. Wherever possible, parties providing information on confidential basis were directed to provide sufficient non-confidential version of the information filed on confidential basis.
t. Wherever an interested party has refused access to, or has otherwise not provided necessary information during the course of the present investigation, or has significantly impeded the investigation, the Authority has considered such parties as non-cooperative and recorded it on the basis of the facts available.
u. The Authority has considered all the arguments raised and information provided by all the interested parties including post disclosure comments , to the extent the same are supported with evidence and considered relevant to the present investigation.
v. ***in this document represents information furnished by an interested party on confidential basis and so considered by the Authority under the Rules.
w. The exchange rate for POI (October, 2018 to June, 2019) adopted by the Authority for the subject investigation is 1 US $= Rs. 71.79.
C. PRODUCT UNDER CONSIDERATION AND LIKE ARTICLE
C.1. Submissions of domestic industry
i. The product under consideration is virgin bottle-grade polyethyleneterephthalate (PET) resin, defined as ―polyethylene terephthalate resin having anintrinsic viscosity of 0.72 deciliters per gram or higher‖ except recycled PET resin……………………….. Click here read more.
Source: http://egazette.nic.in/WriteReadData/2020/223974.pdf
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