MINISTRY OF COMMERCE AND INDUSTRY
(Department of Commerce)
(DIRECTORATE GENERAL OF TRADE REMEDIES)
New Delhi, the 31st August, 2020
NOTIFICATION
FINAL FINDINGS
Case No. (SSR) 08/2019
Subject: Sunset Review of anti-dumping investigation against imports of Acrylic Fibre originating in or exported from Thailand.
F. No. 7/18/2019-DGTR.— A. BACKGROUND OF THE CASE
1. Having regard to the Customs Tariff Act, 1975, as amended from time to time (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 thereof, as amended from time to time (hereinafter referred to as the AD Rules or Rules), the Designated Authority (hereinafter referred to as the Authority) initiated the original anti-dumping investigation in respect of the imports of Acrylic Fibre (hereinafter referred to as the subject goods or PUC or Product Under Consideration) originating in or exported from USA, Thailand and Korea RP on 13.9.1996 and definitive anti-dumping duty was recommended vide Final Findings Notification No. 47/ADD/1W dated 14.10.1997. The Central Government had imposed the anti-dumping duty vide Custom Notification No. 81/97 dated 24.10.1997.
2. The sunset review of the anti-dumping duty so imposed against USA, Thailand and Korea RP was initiated by the Authority vide Notification No. 26/1/2001-DGAD dated 07.08.2001 and the Final Findings were issued vide Notification No. 26/1/2001-DGAD dated 06.08.2002. Definitive antidumping duty was levied by the Central Government vide Customs Notification No. 106/2002-Customs dated 09.10.2002.
3. The second sunset review of the anti-dumping duty imposed on the imports of the subject goods originating in or exported from Thailand and Korea RP was initiated by the Authority vide Notification No. 10/7/2006-DGAD dated 08.10.2007 and the Final Findings were issued vide Notification No. 10/7/2006-DGAD dated 03.10.2008, recommending continuation of the antidumping duty on the subject imports. Definitive antidumping duty was imposed by the Central Government on the subject goods from Thailand and Korea RP vide Customs Notification No. 123/2008-Customs dated 20.11.2008.
4. Third sunset review of the duty imposed on the imports of the subject goods from Korea RP and Thailand was initiated by the Authority vide Notification No. 15/16/2013-DGAD dated 24.09.2013 and the Final Findings were issued vide Notification No. 15/16/2013- DGAD dated 23.03.2015, recommending continuation of the duty in force. Definitive duty was imposed by the Central Government on the subject goods from Thailand and Korea RP vide Notification No. 27/2015- Customs (ADD) dated 1st June 2015.
5. Whereas, in terms of the Act and the Rules, the antidumping duty imposed shall, unless revoked earlier, cease to have effect on the expiry of five years from the date of such imposition.
6. And, notwithstanding the above provision, the Authority is required to review, on the basis of a duly substantial request made by or on behalf of the domestic industry within a reasonable period of time prior to the date of the expiry of the measure, as to whether the expiry of duty is likely to lead to continuation or recurrence of dumping and injury
7. And, whereas, in terms of the above provisions, M/s. Indian Acrylics Limited, Ms. Pasupati Acrylon Limited, and M/s. Vardhman Acrylics Limited (hereinafter also referred to as “Applicants” or “Domestic Industry”) have filed an application before the Designated Authority (hereinafter also referred to as “Authority”) in accordance with the Act and the Rules, for initiation of Sunset Review Investigation against imports of Acrylic Fibre (hereinafter referred to as “subject goods” or “PUC” or “Product Under Consideration” ) originating in or exported from Thailand (hereinafter referred to as “subject country”), and requested for extension of the duty. The request is based on the grounds that dumping has continued in spite of imposition of antidumping duty on the import of the subject goods from the subject country and the domestic industry continues to suffer injury on account of dumping from the subject country. The applicants have further argued that expiry of the measure against the subject country would be likely to result in continuation or recurrence of dumping and injury to the domestic industry.
8. Whereas, the Authority, on the basis of prima facie evidence submitted by the Applicants, issued a public notice vide Notification No. 7/18/2019-DGTR dated 30th September, 2019 published in the Gazette of India, Extraordinary, initiating the subject investigation in accordance with the Rule 6(1) of the Rules to examine as to whether expiry of duty is likely to lead to continuation or recurrence of dumping and injury to the domestic industry.’
9. After the initiation of the subject investigation, the Central Government issued its Notification No 10/2020- Customs (ADD) dated 29.5.2020 extending the duty in force on the import of the subject originating in or exported from the subject country up to 30.11.2020.
10. The scope of the present review covers all aspects of the previous investigations concerning imports of the subject goods, originating in or exported from the subject country.
