MINISTRY OF COMMERCE AND INDUSTRY
(Department of Commerce)
(DIRECTORATE GENERAL OF TRADE REMEDIES)
New Delhi, the 7th August, 2020
Case No: CVD-OI-05/2019
Sub: Preliminary Findings in the anti-subsidy investigation concerning imports of “Flat Products of Stainless Steel” from Indonesia.
A. F. No.6/16/2019-DGTR .— A. BACKGROUND OF THE CASE
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 Countervailing Duty on Subsidized Articles and for Determination of Injury) Rules, 1995, as amended from time to time, (hereinafter also referred to as “the Rules”) thereof:
1. Indian Stainless Steel Development Association (ISSDA), Jindal Stainless Limited (JSL), Jindal Stainless (Hisar) Limited and Jindal Stainless Steelway Limited (JSSL) (hereinafter also referred to as “the Applicants” or “the Domestic Industry”) have 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 Countervailing duty on imports of “Flat Products of Stainless Steel” (hereinafter also referred to as “subject goods”) from Indonesia (hereinafter also referred to as the “subject country”).
2. The Authority, on the basis of sufficient prima facie evidence submitted by the Applicant, issued a public notice vide Notification No. 6/16/2019 – DGTR dated 18th October, 2019, published in the Gazette of India, initiating the subject investigation in accordance with Rule 6 to determine the existence, degree and effect of the alleged subsidy and to recommend the amount of antisubsidy/countervailing duty, which if levied, would be adequate to remove the alleged injury to the domestic industry.
3. The procedure described herein below has been followed by the Authority with regard to the subject investigation:
a) The Authority notified the Embassy of the Subject Country in India about the receipt of the present anti-subsidy application before proceeding to initiate the investigation in accordance with Sub-Rule (5) of Rule 6 supra.
b) The Authority invited the Government of Indonesia for consultation with the aim of clarifying the situation and arriving at a mutually agreed solution in accordance with Article 13 of the Agreement on subsidies and countervailing measures. The consultation was held on 23rd September, 2019 at New Delhi, which was attended by representatives of the Government of Indonesia.
c) The Authority issued a public notice dated 18th October 2019, published in the Gazette of India Extraordinary, initiating anti-subsidy investigation concerning imports of the subject goods from the subject country.
d) The Authority sent a copy of the initiation notification to the Embassy of the Subject Country in India, known producers/exporters from the subject country, known importers/users and the Domestic Industry as well as other domestic producers as per the addresses made available by the Applicants and requested them to make their views known in writing within the prescribed time-limit.
e) 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 country in India in accordance with Rule 7(3) of the Rules.
f) The Embassy of the subject country in India was also requested to advise the exporters/producers from their country to respond to the questionnaire within the prescribed time limit. A copy of the letter and questionnaire sent to the producers/exporters was also sent to them along with the names and addresses of the known producers/exporters from the subject country.
g) The Authority sent questionnaire to the Government of Indonesia in order to seek relevant facts/information with regard to various schemes/programs where countervailable benefit might have been conferred by the Government.
h) The Authority sent questionnaires to the following known producers/exporters in the subject country in accordance with Rule 7(4) of the Rules:
(i) PT IMR ARC Steel
(ii) PT Bintang Asia Usaha
(iii) PT Tsingshan Steel
i) In response, the following exporters/producers from the subject country filed exporter’s questionnaire response:
(i) PT Indonesia Guang Ching Nikel and Stainless Steel Industry
(ii) PT Indonesia Tsingshan Stainless Steel
(iii) PT Indonesia Ruipu Nickel and Chrome Alloy
(iv) PT Tsingshan Steel Indonesia
(v) PT Sulawesi Mining Investment, Indonesia
(vi) PT EKASA YAD RESOURCES, Indonesia
(vii) PT Bintangdelapan ;Mineral, Indonesia
(viii) Eternal Tsingshan Group Limited
(ix) Celerity Asia Trade Limited
(x) Golden Harbour International PTE. Ltd.
(xi) Hanwa Co. Ltd.
(xii) Schuang International Development Limited
(xiii) Stratus Steels DMCC
(xiv) Recheer Resources (Singapore) PTE. Ltd.
(xv) PT Hanwa Indonesia
(xvi) PT IMR ARC Steel, lndonesia
(xvii) IMR Metallurgical Resources AG