MINISTRY OF COMMERCE AND INDUSTRY
(Department of Commerce)
(DIRECTORATE GENERAL OF TRADE REMEDIES)
NOTIFICATION
(Final Findings)
New Delhi, the 8th September, 2020
Case No. ADD-SSR 15/2019
Subject : Sunset Review investigation concerning anti-dumping duty on imports of ‘Diketopyrrolo Pyrrole Pigment Red 254 (DPP Red 254)’ originating in or exported from China PR.
No. 7/27/2019 – 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‘ or ‘AD Rules‘) thereof;
A. BACKGROUND OF THE CASE
1. The Designated Authority (hereinafter also referred as the ‘Authority‘) initiated an anti-dumping investigation on imports of ‘DPP Red 254’ (hereinafter also referred as the ‘subject goods‘ or ‘product under consideration‘ or ‘PUC‘), originating in or exported from China PR and Switzerland vide notification No. 14/8/2014-DGAD dated 20th June 2014. The Authority thereafter notified the Final Findings No. 14/8/2014-DGAD dated 19th June 2015, recommending for imposition of antidumping duty against imports of the subject goods from China PR and Switzerland. Definitive antidumping duty was imposed by Ministry of Finance vide Customs Notification No. 41/2015-Customs (ADD) dated 17th August 2015 for five years and the same is in force.
2. In terms of Section 9A (5) of the Act, anti-dumping duty imposed shall unless revoked earlier, cease to have effect on expiry of five years from the date of such imposition and the Authority is required to review, whether the expiry of duty is likely to lead to continuation or recurrence of dumping and injury. In accordance with the above, the Authority is required to review, on the basis of a duly substantiated request made by or on behalf of the DI, as to whether the expiry of duty is likely to lead to continuation or recurrence of dumping and injury.
3. Rule 23(1B) of the Rules provides as follows:
“…any definitive anti-dumping duty levied under the Act, shall be effective for a period not exceeding five years from the date of its imposition, unless the Designated Authority comes to a conclusion, on a review initiated before that period on its own initiative or upon a duly substantiated request made by or on behalf of the domestic industry within a reasonable period of time prior to the expiry of that period, that the expiry of the said anti-dumping duty is likely to lead to continuation or recurrence of dumping and injury to the domestic industry.”
4. M/s. Heubach Colour Private Limited (hereinafter referred to as ‘Applicant‘ or ‘Domestic Industry‘ or ‘DI‘) filed an application on behalf of the domestic industry before the Authority, in accordance with the Act and the Rules alleging likelihood of continuation or recurrence of dumping of the subject goods, originating in or exported from China PR and Switzerland and consequent injury to the domestic industry and have requested for review and continuation of the present anti-dumping duties, applicable on the imports of the subject goods, originating in or exported from China PR and Switzerland, for another five years.
5. In view of the said application with prima facie evidence of likelihood of dumping and injury filed on behalf of the DI and in accordance with Section 9A(5) of the Act, read with Rule 23 of the Rules, the Authority initiated the Sunset Review Investigation vide Notification No. 7/27/2019-DGTR dated 18th December 2019, published in the Gazette of India, Extraordinary, to review the need for continued imposition of ADD in respect of the Subject Goods, originating in or exported from China PR (hereinafter referred to as ‘subject country‘) and to examine whether the expiry of the said duty is likely to lead to continuation or recurrence of dumping and injury to the DI.
6. The countries involved in the original investigation were China PR and Switzerland. However, for the purpose of this current sunset review investigation, the Authority initiated the investigation only against China PR, since prima facie analysis of information submitted by the Applicant did not show likelihood of dumping from Switzerland. Accordingly, China PR is the subject country for this sunset review.
7. The scope of the present review covers all aspects of the previous investigation concerning imports of the subject goods, originating in or exported from the subject country.
