MINISTRY OF COMMERCE AND INDUSTRY
(Department of Commerce)
(DIRECTORATE GENERAL OF TRADE REMEDIES)
NOTIFICATION
New Delhi the 15th May, 2020
FINAL FINDING
(OI CASE No: 06/2019)
Subject: Anti-dumping investigation concerning imports of “Digital Offset Printing Plates” originating in or exported from China PR, Japan, Korea RP, Taiwan and Vietnam.
BACKGROUND OF THE CASE
F. No. 6/7/2019-DGTR: Having regard to the Customs Tariff Act, 1975, as amended from time to time (hereinafter also 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 also referred to as the Rules) thereof;
1. M/s. Technova Imaging Systems (P) Ltd. (hereinafter also referred to as “the Applicant” or “the Domestic Industry”) has filed an Application before the Designated Authority (hereinafter also referred to as “the Authority”) in accordance with the Act and the Rules for imposition of Antidumping duty on imports of “Digital Offset Printing Plates” (hereinafter also referred to as “subject goods”) originating in or exported from China PR, Japan, Korea RP, Taiwan and Vietnam (hereinafter also referred to as the “subject countries”).
2. The Authority, on the basis of prima facie evidence submitted by the Applicant, issued a public notice vide Notification No. 6/7/2019 – DGTR dated 16th May, 2019, published in the Gazette of India, initiating the subject investigation in accordance with the Rule 5 of the Rules to determine existence, degree and effect of the alleged dumping of the subject goods, originating in or exported from the subject countries, and to recommend the amount of anti-dumping duty, which if levied, would be adequate to remove the alleged injury to the Domestic Industry.
3. The Authority, in terms of Rule 12 of the Rules, issued a public notice vide Notification No. 6/7/2019 -DGTR dated 3rd October 2019 notifying Preliminary Findings in the investigation. Pursuant to the recommendation by the Authority, the Central Government imposed provisional duties vide Notification No. 02/2020 – Customs (ADD) dated January 30, 2020
A. PROCEDURE
4. Procedure described herein below has been followed with regard to this investigation by the Authority:
a. The Authority notified the Embassy/Representatives of the subject countries in India about the receipt of the 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 16th May 2019, published in the Gazette of India, Extraordinary, initiating the subject anti-dumping investigation.
c. The Authority sent a copy of the initiation notification to the Embassies of the subject countries in India, known producers/exporters from the subject countries, known importers/users in India, other Indian producers and the domestic industry as per the addresses made available by the Applicant and requested them to make their views known in writing within 40 days of the initiation notification. The Authority extended the time limit for filing the questionnaire response to 22nd July 2019.
d. The Authority provided a copy of the non-confidential version of the Application to the known producers/exporters and to the Embassy of the subject countries and known importers/users in India in accordance with Rule 6(3) of the Rules supra.
e. The Embassies of the subject countries in India were also requested to advise the exporters/producers from the subject countries to respond to the questionnaire within the prescribed time limit. A copy of the letter and questionnaire sent to the known producers/ exporters was also sent to the Embassies along with the names and addresses of the known producers/exporters from the subject countries.
f. The Authority sent Exporter’s Questionnaire and Market Economy Treatment Questionnaire (only for China) to the following known producers/exporters to elicit relevant information in accordance with Rule 6(4) of the Rules:
China PR
(i) M/s.. Kodak (China) Graphic Communication Company Limited
(ii) M/s.. Henan Huida Printall Digital Material Technology Co.
(iii) M/s.. Lucky Huaguang Graphics Co. Ltd.
Vietnam
(iv) M/s.. Mylan Printing Media Corporation
Korea RP
(v) M/s.. Jeil C&P Co., Ltd.
Taiwan
(vi) M/s.. Top High Image Corporate
Japan
(vii) M/s.. Fujifilm Corporation
g. In response to the initiation of the subject investigation, following producers/exporters from the subject countries have responded by filing questionnaire response:
(i) M/s.. Fujifilm Corporation, Japan
(ii) M/s.. Fujifilm Global Graphics System, Japan
(iii) M/s.. Fujifilm Printing Plate (China) Co. Ltd., China PR
(iv) M/s.. Fujifilm (China) Investment Co. Ltd., China PR
(v) M/s.. Kodak (China) Graphic Communications Company Limited
(vi) M/s.. Kodak (China) Investment Co Ltd.
(vii) M/s.. Lucky Huaguang Graphics Co. Limited
(viii) M/s.. Shanghai Strong State Printing Equipment Limited
(ix) M/s.. Anhui Strong State Printing Materials Co., Ltd.
(x) M/s.. Jeil C&P Co., Ltd.
(xi) M/s.. Mylan Printing Media Corporation
h. The Authority sent Importer’s 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:
(i) M/s.. Kodak India Private Ltd., Mumbai
(ii) M/s.. Fujifilm India Private Ltd., Harayan
(iii) M/s.. Kapoor Imaging Private Ltd., Chennai
(iv) M/s.. Nippon Color, Mumbai
(v) M/s.. J.N. Arora Trading Company, New Delhi
(vi) M/s.. Sunil Enterprises, New Delhi (vii) M/s.. Bright Enterprises, Andhra Pradesh
(viii) M/s.. Vishal Print Traders Pvt. Ltd., Mumbai
(ix) M/s.. Vairam Enterprises, Tamil Nadu
(x) M/s.. Bennet, Coleman & Co. Ltd., Mumbai
(xi) M/s.. Jagran Prakashan Ltd., Uttar Pradesh
i. The following importers of the subject goods has responded by filing an Importer’s questionnaire response.
(i) M/s.. Kapoor Imaging Private Limited
(ii) M/s.. Fujifilm India Private Limited (iii) M/s.. Kodak India Private Limited
(iv) M/s.. Bright Enterprises
(v) M/s.. Nippon Color
j. Apart from the respondent exporters and importers mentioned above, some legal submissions have been received on behalf of the following parties during the course of this investigation.
(i) All India Federation of Master Printers
(ii) HT Media Ltd.
(iii) Metrostar Print Solutions Pvt. Ltd.
(iv) Government of Korea
(v) Government of Taiwan
(vi) Toray Industries, Inc.
(vii) NPT Offset Press Pvt. Ltd.
(viii) RKL Printers
k. The Authority made available non-confidential version of the evidence presented by various interested parties in the form of a public file kept open for inspection by the interested parties. Submissions made by all interested parties have been taken into account for the purpose of present disclosure statement.
l. Request was made to the Directorate General of Commercial Intelligence and Statistics (DGCI&S) to provide the transaction-wise details of imports of subject goods for the past three years, and the period of investigation, which was received by the Authority. The Authority has, relied upon the DGCI&S data for computation of the volume of imports and its analysis after due examination of the transactions.
m. The Non-Injurious Price (NIP) has been determined based on the cost of production and cost to make & sell 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 Rules so as to ascertain whether Anti-Dumping duty lower than the dumping margin would be sufficient to remove injury to the Domestic Industry.
n. Physical inspection through on-spot verification of the information provided by the Applicant domestic industry, to the extent deemed necessary, was carried out by the Authority. Only such verified information with necessary rectification, wherever applicable, has been relied upon for the purpose of Disclosure statement.
o. In accordance with Rule 6(6) of the Rules, the Authority also provided opportunity to all interested parties to present their views orally in a hearing held on 16th August, 2019. Subsequently, another public hearing was held on 5th December, 2019 in view of the change of the Designated Authority, which was attended by various parties. All the parties who had attended the oral hearing were provided an opportunity to file written submissions, followed by rejoinders, if any.
p. At the time of initiation, the Authority adopted most recent period i.e 1.7.2018 to 31.3.2019 as POI. The Period could not be considered from 1.4.2018 onwards as the earlier AD duty continued till June 2018. Hence, the Authority adopted the period of investigation of 9 months. POI of less than 12 months has been adopted by the Authority in a number of anti-dumping investigations.
q. The Authority notified the Preliminary Findings to all interested parties. As recorded in the Preliminary Findings, the Authority invited comments on the same and the views of the interested parties on the preliminary determination has been considered and addressed to the extent possible for the purpose of present Disclosure Statement.
r. The submissions made by the interested parties during the course of this investigation, wherever found relevant, have been addressed by the Authority, in this disclosure statement.
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 the views/observations on the basis of the facts available.
u. Desk verification of the information provided by the responding producers and exporters from subject countries to the extent deemed necessary, was carried out by the Authority. Only such verified information with necessary rectification, wherever applicable, has been relied upon for the purpose of Disclosure Statement.
v. The Authority issued disclosure statement on 20/4/2020. Extension to file response to disclosure was also granted.
w. ‘***’ in the present Final Findings Notification represents information furnished by an interested party on confidential basis and so considered by the Authority under the Rules.
x. The exchange rate for the POI has been taken by the Authority as Rs.71.06 = 1 US$.
Note: $ = US $
