Anti-dumping investigations in the matter relating to imports of Vitamin-C from People Republic of China and Japan — Disclosure Statement - 10/1/97/ADD - Anti Dumping Duty

Notification No. 10/1/97/ADD dated 13-5-1998 Subject : Anti-dumping investigations in the matter relating to imports of Vitamin-C from People Republic of China and Japan - Disclosure Statement In accordance with Rule 16 of the Anti Dumping Rules , I am directed by the Designated Authority to disclose essential facts in the matter relating to anti dumping investigations concerning imports of Vitamin-C from China PR and Japan. Interested parties may make comments on the same latest by 21st May, 1998 Since the anti dumping investigations are time-bound, no request for extension of time shall be entertained by the Designated Authority. Preliminary findings were notified by the Designated Authority vide Notification No. 10/1/97/A.D.D., dated 11th March, 1998 , recommending imposition of Provisional anti dumping duty on all imports of Vitamin-C originating in/or from China PR and Japan at the rates prescribed therein. The Authority held a public hearing on 4th May, 1998 to hear the views of all interested parties. All the parties attending the hearing were requested to file written submissions of the views expressed orally. Further, the parties were advised to collect the copies of the views expressed by the opposing parties and were requested to offer their rebuttals latest by 12-5-1998. The following are the essential facts under consideration of the Designated Authority which form the basis of its decision : 1. Product under consideration The product covered under the scope of present investigations is Vitamin-C originating in/or exported from China PR or Japan. The product is classified under heading 2936.27 of Customs Tariff Act 2. Like article Vitamin-C originating in/or exported from China PR and Japan are like article and similar to the article produced by the domestic industry within the meaning of the rules. 3. Petitioner and domestic industry The petition was filed by M/s. Ambalal Sarabhai Enterprises Ltd. on behalf of the domestic industry. The petitioner satisfies the condition of standing. 4. Dumping The detailed methodology brought out in the preliminary findings and the claims made by the exporter are being considered for determination of dumping. The Authority took into account the, information furnished by the petitioner, exporters, importers and the best information available with the Authority in the absence of complete response in the prescribed form and manner from the exporters. The Authority has compared Normal Value with weighted export price (both at ex-factory level) for individual exporter to arrive at the dumping margins. 5. Injury The various factors relating to injury to the domestic industry brought out in the Preliminary Findings and are being considered for final determination also. 6. Causal link Information available with regard to injury to domestic industry is also being considered for the purpose of causal link. 7. Landed value Landed value of imports for Vitamin-C is proposed to be determined after including the actual level of custom duties prevailing during the investigation period and 1% landing charge alongwith 2% handling charges. 8. Fair selling price and injury margin Actual cost of production of Vitamin-C for the domestic industry has been worked out and the same is proposed to be adjusted for optimum level of capacity utilisation on the basis of Generally Accepted Accounting Principles. Fair selling price for the domestic industry is proposed to be worked out considering a reasonable profit margin on the capital employed. For calculation of injury margin, the ex-factory fair selling price is proposed to be compared with the landed value of imported goods. 9. Duty lower than dumping margin Wherever application, a duty lower than the dumping margin which would be sufficient to remove the injury to the domestic industry is to be recommended. Landed value of imports, for the purpose, is proposed to be compared with the fair selling price for the domestic industry and the lower of this difference and the dumping margin is proposed to be recommended as the amount of Anti Dumping Duty. 10. Amount of anti dumping duty Anti dumping duty can be recommended upto dumping margin. Wherever duty lower than the dumping margin is found to be sufficient to remove the injury to the domestic industry, that lower amount is proposed to be recommended as anti dumping duty to be imposed.