Ministry of Finance TheDollarBusiness

Sunset Review of Anti-Dumping duties imposed on the imports of Barium Carbonate from China PR

Dated March 19, 2015 | Copy of | Notification | Having regard to the Customs Tariff Act, 1975 as amended in 1995 and thereafter (hereinafter also referred 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 as the Rules); 2. Whereas, an anti-dumping investigation concerning imports of “Barium Carbonate” (hereinafter also referred as the subject goods), originating in or exported from China PR (hereinafter also referred as the subject country), was initiated by the Designated Authority (hereinafter also referred as the Authority) vide Notification No.14/18/2009-DGAD dated 16th June, 2009. 3. Whereas, the preliminary finding was issued by the Authority, recommending imposition of provisional anti-dumping duties on the imports of the subject goods, originating in or exported from the subject country, vide Notification No.14/18/2009-DGAD dated 7th January, 2010. The provisional anti-dumping duty was imposed by the Central Government on the imports of the subject goods, originating in or exported from the subject country vide Notification No.37/2010 dated 23rd March, 2010. The Final Findings notification of the Authority was published vide Notification No.14/18/2009-DGAD dated 10th December, 2010. The definitive anti-dumping duties were imposed by the Central Government on the imports of the subject goods originating in or exported from the subject country vide Notification No.6/2011 dated 7th February, 2011. 4. WHEREAS, Small Scale Barium Manufacturers Welfare Association (hereinafter also referred to as the applicant) have filed a duly substantiated application before the Authority, in accordance with the Act and the Rules and on behalf of the domestic producers represented by M/s. Solvay Vishnu Barium Pvt. Ltd. and M/s. Ellak Chem Industries (India) Pvt. Ltd., alleging likelihood of continuation or recurrence of dumping of the subject goods, originating in or exported from China PR and consequent injury to the domestic industry and have requested for review, continuation and enhancement of the anti-dumping duties, imposed on the imports of the subject goods, originating in or exported from the said country. M/s. Solvay Vishnu Barium Pvt. Ltd. and M/s. Ellak Chem Industries (India) Pvt. Ltd. have provided required information as domestic industry. Country Involved 5. The subject country in the present sunset review investigation is China PR. Product under Consideration and Like Article 6. The product under consideration in the present SSR application, as in the original investigation, is ‘Barium Carbonate’. The Product under Consideration (PUC) in the original investigation was defined as under: “9. The product under consideration in this investigation is ‘Barium Carbonate’ (hereinafter also referred to as "subject product” or “subject goods” or “product under consideration”) originating in or exported from China PR. Barium Carbonate is a harmful, non-flammable inorganic chemical in the form of a white powder and granules having chemical formula BaCO3 manufactured out of Barytes, a mineral product. Barium Carbonate has the following applications: a) Purification of brine solution in caustic soda industry. b) In production of Hard Ferrite Ring Magnets, Television Glass Shell, Neutral glass, Lamps, Heat treatment salts and other barium salts, rat poison, ceramic glazes and welding flux. c) Acts as a flux, matting and crystallizing agent and combines with certain colouring oxides to produce unique colours not easily attainable by other means. d) In the manufacture of heavy clay ceramic products because of its property of converting soluble sulfuric salts in the raw material into insoluble barium sulfate. e) In the brick, tile, earthenware and pottery industries Barium Carbonate is added to clays to precipitate soluble salts (calcium and magnesium sulfates) that cause efflorescence. 10. The subject goods fall under Chapter 28 of the Act under subheading no. 28366000. However, the Customs classification is indicative only and is in no way binding on the scope of the present investigation.” 7. Since the present application is for sunset review investigation, the scope of the product under consideration shall remain the same as that of original investigation. The subject goods fall under Chapter 28 of the Customs Tariff under Subheading No.28366000. However, the customs classification is indicative only and is in no way binding on the scope of the present investigation. Like Article 8. Rule 2(d) with regard to like article provides as under: - “like article” means an article which is identical or alike in all respects to the article under investigation for being dumped in India or in the absence of such article, another article which although not alike in all respects, has characteristics closely resembling those of the articles under investigation; 9. Applicants have claimed that there is no known difference in barium carbonate produced by them and exported from the subject country. Barium carbonate produced by the applicants and imported from the subject country are having comparable characteristics in terms of parameters such as physical & chemical characteristics, manufacturing process & technology, functions & uses, product specifications, pricing, distribution & marketing and tariff classification of the goods. The application filed is for the review, continuation and enhancement of the quantum of the anti-dumping duty in force, and the issue of like article has been already dealt with in the previous investigations. In the earlier investigations the Authority has already held that the subject goods produced by the domestic industry is like article to the same imported from the subject country. Domestic Industry & Standing 10. The application has been filed by Small Scale Barium Manufacturers Welfare Association. M/s. Solvay Vishnu Barium Pvt. Ltd. and M/s. Ellak Chem Industries (India) Pvt. Ltd. have provided detailed information as domestic industry. There are a number of small scale producers of Barium Carbonate in the country. From the application it is noted that the production of petitioning companies along with supporting companies constitutes a major proportion of total domestic production of subject goods in India. The petitioning companies, therefore, satisfy the requirement of standing to file the present petition and constitute ‘Domestic Industry’ within the meaning of the Rules. 11. As submitted by the applicants, none of the applicant companies have imported the subject goods from the subject country. It has been further submitted that none of the applicant companies is related to any exporter or importer of the subject goods. Therefore, the Authority has considered the present applicants as constituting domestic industry within the meaning of the Rule 2(b) of the Rules and the application satisfies the criteria of standing in terms of Rule 5 of the Rules supra. Initiation of Sunset Review of Anti-Dumping Duty 12. WHEREAS in view of the duly substantiated application filed and in accordance with Section 9A(5) of the Act, read with Rule 23 of the Anti-dumping Rules, the Authority hereby initiates a Sunset review investigation to review the need for continued imposition of the duties in force in respect of the subject goods, originating in or exported from the subject country and to examine whether the expiry of such duty is likely to lead to continuation or recurrence of dumping and injury to the domestic industry. Period of Investigation 13. The period of investigation (POI) proposed by the applicant is April, 2013 – June, 2014 (15 Months) with the injury investigation period as covering 2010-11, 2011-12, 2012-13 and POI. However, for enabling the Authority to make required analysis on the basis of more updated data, the Authority hereby determines the POI as April, 2013 – September, 2014 (18 Months). The injury investigation period will, however, cover the periods 2010-11, 2011-12, 2012-13 and POI. The data beyond POI may also be examined to determine the likelihood of dumping and injury. Procedure 14. The review covers all aspects of Notification No.14/18/2009-DGAD dated 10th December, 2010 (final findings of the original investigation) and Notification No.14/18/2009-DGAD dated 28th February, 2013 (amendment notification). 15. The provisions of Rules 6, 7, 8, 9, 10, 11, 16, 17, 18, 19 and 20 of the Rules supra shall be mutatis mutandis applicable in this review. Submission of Information 16. The known exporters in the subject country, the government of the subject country through its embassy in India, the importers and users in India known to be concerned with the product are being addressed separately to submit relevant information in the form and manner prescribed and to make their views known to the Authority at the following address:

Government of India Ministry of Commerce and Industry Department of Commerce Directorate General of Anti-Dumping and Allied Duties 4th Floor, Jeevan Tara Building 5, Parliament Street, New Delhi–110001

17. Any other interested party may also make its submissions relevant to the investigation in the prescribed form and manner within the time limit set outbelow. Any party making any confidential submission before the Authority is required to submit a non-confidential version of the same to be made available to the other parties. Time Limit 18. Any information relating to the present review and any request for hearing should be sent in writing so as to reach the Authority at the address mentioned above not later than forty days (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 its findings on the basis of the facts available on record in accordance with the Anti-dumping Rules. 19. All the interested parties are hereby advised to intimate their interest (including the nature of interest) in the instant matter and file their questionnaire responses and offer their comments to the domestic industry’s application regarding the need to continue or otherwise the Anti-dumping measures within 40 days from the date of initiation of this investigation. Submission of information on confidential basis 20. In case confidentiality is claimed on any part of the questionnaire response/submissions, the same must be submitted in two separate sets (a)marked as Confidential (with title, index, number of pages, etc.) and (b) other set marked as Non-Confidential (with title, index, number of pages, etc.). All the information supplied must be clearly marked as either “confidential” or “non-confidential” at the top of each page and accompanied with soft copies. 21. Information supplied without any confidential marking shall be treated as non-confidential and the Authority shall be at liberty to allow the other interested parties to inspect any such non-confidential information. Two (2) copies of the confidential version and two (02) copies of the non-confidential version must be submitted by all the interested parties. 22. For information claimed as confidential, the supplier of the information is required to provide a good cause statement along with the supplied information as to why such information cannot be disclosed and/or why summarization of such information is not possible. 23. The non-confidential version is required to be a replica of the confidential version with the confidential information preferably indexed or blanked out/summarized depending upon the information on which confidentiality is claimed. The non-confidential summary must be in sufficient detail to permit a reasonable understanding of the substance of the information furnished on confidential basis. However, in exceptional circumstances, parties submitting the confidential information may indicate that such information is not susceptible to summarization; a statement of reasons why summarization is not possible must be provided to the satisfaction of the Authority. 24. The Authority may accept or reject the request for confidentiality on examination of the nature of the information submitted. If the Authority is satisfied that the request for confidentiality is not warranted or the supplier of the information is either unwilling to make the information public or to authorize its disclosure in generalized or summary form, it may disregard such information. 25. Any submission made without a meaningful non-confidential version thereof or without a good cause statement on the confidentiality claim may not be taken on record by the Authority. The Authority on being satisfied and accepting the need for confidentiality of the information provided; shall not disclose it to any party without specific authorization of the party providing such information. Inspection of public file 26. In terms of rule 6(7) of the Rules, any interested party may inspect the public file containing nonconfidential version of the evidences submitted by other interested parties. Non-cooperation 27. 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 declare such interested party as non-cooperative and record its findings on the basis of the facts available to it and make such recommendations to the Central Government as deemed fit.

Sd/- (J.K. Dadoo) Designated Authority

F.No.15/27/2014-DGAD Issued by: Ministry of Commerce & Industry Department of Commerce (Directorate General of Anti-Dumping & Allied Duties) New Delhi  

The Dollar Business Bureau - Mar 23, 2015 12:00 IST