DOC Notification No: 14/02/2013-DGAD (19-Nov-14) Anti-Dumping Investigation concerning import of Graphite Electrodes of all diameters originating in or exported from China PR
Having regard to the Customs Tariff Act, 1975 as amended in 1995 (hereinafter 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 referred to as the Rules).
BACKGROUND
1. The Designated Authority, in the Ministry of Commerce and Industry, Department of Commerce, Govt. of India, (hereinafter referred to as "the Authority") had received a written application from M/s HEG Ltd. and M/s Graphite India Ltd. (hereinafter also referred to as the petitioners or the applicants) alleging dumping of Graphite Electrode of all diameters (hereinafter referred to as subject goods) from China PR (hereinafter referred to as subject country) and consequent injury to them and requesting for initiation of an Antidumping investigation in accordance with the Rules. Preliminary scrutiny of the application revealed certain deficiencies, which were subsequently rectified by the Applicants. The application was, thereafter, considered as properly documented.
2. The Authority, on the basis of sufficient evidence submitted by the applicants on behalf of the domestic industry, issued a public notice dated 20th May, 2013, published in the Gazette of India, Extraordinary, initiating an anti-dumping investigation concerning imports of the subject goods, originating in or exported from the subject country, in accordance with the sub-Rule 6(1) of the Rules, to determine the existence, degree and effect of alleged dumping and consequent injury to the domestic industry and to recommend imposition of anti-dumping duty, if so required, to remove the injurious effects of dumping, if any.
A. PROCEDURE
3. The Procedure described below has been followed with regard to this investigation:
i. The Authority notified the Embassy of the subject country in India about the receipt of the application before proceeding to initiate the investigation in accordance with sub-Rule 5(5) of the Anti-dumping Rules.
ii. The Authority issued a public notice dated 20th May, 2013, published in the Gazette of India, Extraordinary, initiating Anti Dumping investigation concerning imports of the subject goods, originating in or exported from the subject country.
iii. The Authority forwarded copies of the public notice to all known exporters and industry associations in the subject country (whose details were made available by the applicants) and gave them opportunity to make their views known in writing in accordance with the Rule 6(2) of the Anti-dumping Rules.
iv. The Authority also forwarded copies of the public notice to all the known importers of the subject goods in India (whose details were made available by the applicants) and advised them to make their views in writing within forty days from the date of the letter.
v. The Authority provided copies of the Non-confidential version of the application of the domestic industry to the known exporters and the Embassy of the subject country in India in accordance with Rule 6(3) of the Anti-dumping Rules. Copies of the application were also made available to other interested parties, upon request.
vi. The Authority sent questionnaires to the following known exporters in subject country in accordance with Rule 6(4) of the Anti- dumping Rules to elicit relevant information:
a) M/s CIMM Donghai Advanced Carbon Co., Ltd
b) HTU Industrial Inc.
c) Sichuan Shuangyou Carbon Industry CO., Ltd
d) Fushun Carbon Co. Ltd
e) Nantong Jiangdong Carbon Co., Ltd
f) Jilin Carbon (Sinosteel Jilin Carbon Co. Ltd.)
g) Anssen Metallurgy Group
h) Kaifeng Carbon Co., Ltd
i) M/S Fangda Carbon New Material Co., Ltd
j) Carbon I/E Co Ltd
k) Shida Carbon Group Co., Ltd
l) Sinotech (Dalian) Carbon & Graphite Manufacturing Corporation
vii. The Authority received questionnaire response from the following producers/exporters in the subject country:
a) M/s. Sinosteel Zhejiang Co., Ltd.
b) M/s. Jilin Carbon Import and Export Company
c) M/s. Sinosteel Jilin Carbon Co., Ltd.
d) M/s. Linyi County Lubei Carbon Co., Ltd.,(Producer), China PR
e) M/s. Shandong Basan Carbon Plant (Producer) China PR
f) M/s. Fushun Oriental Carbon Co., Ltd.
g) M/s. Anssen Metallurgy Group Co., Ltd., (Exporter) China PR,
h) M/s Nantong Yangzi Carbon Co., Ltd. ("Nantong Yangzi")
i) M/s Sichuan Guanghan Shida Carbon Co.,Ltd. ("Shida Carbon")
j) M/s Kaifeng Carbon Co. Ltd. China Pingmei Shenma Group
k) M/s Kaifeng Carbon Co., Ltd.
l) M/s Fushan Oriental Carbon Co Ltd.
m) M/s Liaoyang Carbon Co Ltd
n) M/s Linghai Hongfeng Carbon products co Ltd.
o) M/s Jinnai Carbon (HK) Co. Ltd
p) M/s Fushan Carbon Co. Ltd
q) M/s Fangda Carbon New Material Co Ltd
r) M/s. CIMM Group Co., Ltd., ("CIMM") China PR
s) M/s CIMM Donghai Advanced Carbon Co., Ltd.
viii. The Authority has also received a submission on initiation from China Chamber of Commerce for Import and Export of Machinery and Electronic Products (CCCME).
ix. Questionnaires were sent to the following known importers/users of subject goods in India calling for necessary information in accordance with Rule 6(4) of the Antidumping Rules:
a) SAIL, Alloy Steel Plant
b) Bhushan Steel Ltd.
c) Bhushan Ltd.
d) SAIL, Bhilai Steel Plant
e) SAIL, Bokaro Steel Plant
f) Visvesvaraya Iron & Steel Plant
g) SAIL, Rourkela Steel Plant
h) Sunflag Iron & Steel Co.Ltd.
i) Jindal Steel & Power Ltd.
j) Jindal Vijaynagar Steel Ltd.
k) Jindal Stainless Ltd.
l) Lloyd Steel Inds. Ltd.
m) Mukand Ltd.
n) SAIL, Durgapur Steel Plant
o) JSW Ispat Steel
p) ISMT Limited
q) Bhushan Power & Steel Ltd.
x. The following importers have submitted response in the form and manner prescribed in the importers questionnaire:
i. SAIL, Alloy Steel Plant
ii. SAIL, Bhilai Steel Plant
iii. SAIL, Bokaro Steel Plant
iv. Visvesvaraya Iron & Steel Plant
v. SAIL, Rourkela Steel Plant
vi. SAIL, Durgapur Steel Plant
vii. ISMT LIMITED
xi. The Authority made available non-confidential version of the evidences presented by various interested parties in the form of a public file kept open for inspection by the interested parties.
xii. Request was made to the Directorate General of Commercial Intelligence and Statistics (DGCI&S) and DG Systems to arrange details of imports of the subject goods for the past three years, including the period of investigation. The transaction wise import data received from the DGCI&S has been relied upon by the Authority in this Finding. The transactions wise data received from DG systems as well as data received from co-operating importers have been used for cross-checking the data submitted by the interested parties in their responses.
xiii. The cost of production and cost to make and sell the subject goods in India based on the information furnished by the applicant and on the basis of Generally Accepted Accounting Principles (GAAP) was worked out in accordance with Annexure III of the Anti Dumping Rules so as to ascertain if anti-dumping duty lower than the dumping margin would be sufficient to remove injury to Domestic Industry.
xiv. Information provided by 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 confidential and not disclosed to other interested parties. Wherever possible, parties providing information on confidential basis was directed to provide sufficient non confidential version of the information filed on confidential basis.
xv. On the spot verification of the information provided by the interested parties was carried out to the extent considered necessary by the Authority.
xvi. Investigation was carried out for the period starting from 1st January 2012 to 31st December 2012 (POI). The examination of trends, in the context of injury analysis, covered the period from April 2009-March 2010, April 2010-March 2011 April, April 2011-March 2012 and the POI.
xvii. The Authority held a public hearing on 16th July, 2014 to provide an opportunity to the interested parties to present relevant information orally, which was attended by the domestic industry and other interested parties. The parties attending the public hearing were advised to file written submissions of the information presented orally. Interested parties were also provided opportunity for making rejoinder submissions on the views expressed by opposing interested parties. The Authority has considered the written submissions and rejoinders received from the interested parties, to the extent found relevant and they have been addressed at relevant places in this disclosure statement.
xviii. The Central Government, upon the request of the Authority, has extended the time period to complete this investigation and notify the final findings till 19th November, 2014.
xix. The Authority disclosed the essential facts of the case to all interested parties in the form of a disclosure statement on 28th October 2014. The interested parties were given an opportunity to comment on various aspects of the investigations disclosed in the statement by 3rd November 2014. The comments received from the interested parties, to the extent they are relevant and duly substantiated, have been considered and addressed in this finding at appropriate places.
xx. "***" in this Finding represents information furnished by the interested parties on confidential basis and so considered by the Authority under the Rules.
xxi. The exchange rate adopted for the POI is 1 US $ =Rs 53.69
B. Product Under Consideration and Like Article
4. The product under consideration as defined in the initiation notification read as follows:
"The product under consideration for the purpose of present investigation is...
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