First Sun Set Review (SSR) investigation for imports of Geogrid/Geostrips/Geostraps made of Polyester

Dated 9th November, 2017 | Copy of | Anti-Dumping Investigation Office Memorandum | 

Office Memorandum

First Sun Set Review (SSR) investigation for
imports of Geogrid/Geostrips/Geostraps made of
Polyester or Glass Fiber in all its forms (including
all widths and lengths) from China PR

Reference: i) Application dated 29th Dec., 2016 read with supplementary information
vide letters dated 6th January, 9th January, 13th January and 16th January,
2017 filed by the Petitioner.

ii) Interim Order of the Hon'ble Delhi High Court dated 23.01.2017

Application(s) referred to above were filed by M/s Techfab India Industries Ltd. and
M/s Strata Geosystems (India) Pvt. Ltd. (hereafter referred to as petitioners/applicants) for
initiation of Sun Set Review (SSR) investigations (1st SSR) and continuation of existing Anti-
Dumping Duties on import of Geogrid/ Geostrips/Geostraps made of Polyester or Glass Fiber in all
its forms (including all widths and lengths) (hereinafter referred to as subject goods or products
under consideration (PUC) from China PR (hereinafter referred to as subject country).

2. The Application was examined based on the details given in the application as well as import
data from DGCI&S in order to examine the volume of imports of PUC during the period of
investigation (POI) and injury investigation period.

3. After a detailed examination of the data/information, the Authority declined the initiation of 1st
SSR in the present case. However, aggrieved by the O.M dated 20th January, 2017, the domestic
industry approached the Hon'ble Delhi High Court for issuing writ of mandamus and directing the
Authority to initiate the Sunset Review Investigation.

4. The Hon'ble Delhi High Court to save the judicial delays and to save the petitions from being in
fructuous passed an interim order which stated.

“In these circumstances, the Court is of the opinion that the petitioners/applicants have
shown a prima facie case as well as satisfied that there would be irretrievable injustice given the
fact that on the expiry of the day, (i.e. tomorrow midnight), the initiation of review would be
rendered impossible. Consequently, a direction is issued to the respondents to-in the course of
the day - initiate the Sunset Review in the petitioners' cases. At the same time, the Sunset
Review and notification as well as the orders shall carry a stipulation that the proceeding itself
would be subject to the final outcome of the writ proceedings.”

5. In pursuance of the interim order from the Hon'ble Court, the Authority initiated the present
sunset review investigation vide F.No.1511412016-DGAD dated 23rd January, 2017, subject to
the final order of the Court.

6. Now, the Hon'ble Court vide order dated 08.11.2017 in W.P. (C) 640/2017, W.P. (C)
5088/2017 & W.P. (C) 641/2017 has stated that
“However, as it now transpires, having had the benefit of the reports of the DA, the Court is
now satisfied that the DA was not in error in declining to initiate the SSR. Consequently,
regardless of whatever stage the SSR has reached, it will have to now be terminated by virtue of
the Court not agreeing with any of the Petitioners in these cases.”

7. Pursuant to the order of the Hon’ble High Court, the Authority terminates the present Sun Set
Review (SSR) investigation for imports of Geogrid/Geostrips/Geostraps made of Polyester or
Glass Fiber in all its forms (including all widths and lengths) from China PR filed by M/s Techfab
India Industries Ltd. and M/s Strata Geosystems (India) Pvt. Ltd.

Sd/-
(Sunil Kumar)
AS & DA

F.No.15/14/2016-DGAD
Issued by:
Ministry of Commerce & Industry
Department of Commerce
Directorate General of Anti-dumping & Allied Duties
New Delhi