MINISTRY OF COMMERCE AND INDUSTRY
(Department of Commerce)
(DIRECTORATE GENERAL OF TRADE REMEDIES)
New Delhi, the 21st September, 2020
Case No. AC-06 /2020
Subject: Initiation of anti-circumvention investigation concerning alleged circumvention of anti-dumping duty imposed on imports of Measuring Tapes from China PR.
F. No. 7/36/2020-DGTR.—M/s FMI Limited (hereinafter referred to as the “Applicant”) has filed an application before the Designated Authority (hereinafter also referred to as the “Authority”), as domestic industry, in accordance with the Customs Tariff Act, 1975 as amended from time to time (hereinafter also referred 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 as the “Rules”), contending that these anti-dumping duties imposed on imports of Measuring Tapes (hereinafter also referred to as “product under consideration” or “PUC” or “subject goods”), originating in or exported from China PR (hereinafter also referred to as the “subject country”) are being circumvented by way of imports of Measuring Tapes exported from Singapore and Cambodia [hereinafter also referred to as “Product Under Investigation” or (“PUI”)].
2. The Designated Authority recently recommended extension of anti-dumping duty imposed earlier on imports of “Measuring Tapes” from China. Ministry of Finance imposed the same vide Notification No. 17/2020-Customs (ADD) dated 08.07.2020
B. Product under consideration [PUC]
3. The products under consideration is “Measuring Tapes”. The product under consideration defined in the original investigation was as under:
“Measuring Tapes”, its parts and components etc., all type of steel measuring and fibre glass tapes and their parts or components are the subject matter of the present petition is generally used for measuring the length, breadth etc. of an object.
It is used by foreman, mason, carpenter, forestry departments and tailors etc. Measuring Tapes are manufactured from tempered high quality carbon steel blade, phosphate and coated with special enamel to withstand corrosion and rust. Measuring tapes are used for:-
a. high precision professional jobs;
b. measuring depth, width, or length of an object;
c. contraction and surveys.
4. The subject goods are classified under Chapter 90 of the Customs Tariff Act, 1975 under the Sub-headings 9017.
C. Product under Investigation [PUI]
5. The product under investigation which are allegedly circumventing the anti-dumping duty in force on imports of product under consideration from China PR is “Measuring Tapes” exported from Singapore and Cambodia also referred to as “Product under Investigation” or “PUI”. PUI is classified under subheading 9017 of the Customs Tariff Act. However, customs classifications are indicative only and in no way binding on the scope of the investigations.
D. Domestic Industry
6. The application has been filed by M/s. FMI Limited. The Applicant is neither related to an importer in India nor to any exporter in China, Singapore and Cambodia. Further, the Applicant has not imported the PUC or PUI during the period of investigation. As per evidence available on record, the Applicant’s production accounts for a major proportion in the domestic production of the like article in India. On the basis of information available, the Authority has considered the Applicants as Domestic Industry within the meaning of the Rule 2(b) and Rule 5(3) of the Rules.
E. Existing Measures
7. The Designated Authority recently recommended extension of anti-dumping duty earlier imposed on imports of Measuring Tapes from China. Ministry of Finance imposed the same vide Notification No. 17/2020-Customs (ADD) dated 08.07.2020. The existing measure on PUC is in force till 7th July 2025.
F. Grounds for Alleged Circumvention and undermining remedial effect:
8. The application for anti-circumvention investigation has been filed seeking extension of existing anti-dumping duty levied on PUC vide Notification No. 17/2020-Customs (ADD) dated 08.07.2020; to PUI, from Singapore & Cambodia, allegedly circumventing the existing anti-dumping duty. The applicant has furnished reasons/ evidence for seeking anti-circumvention investigation which includes:
a) Non-existence of any known producers of Measuring Tapes in Singapore and Cambodia undertaking fullfledged production activities. Exports of Measuring Tapes consigned from Singapore and Cambodia to India are substantially manufactured in China claiming the same as goods originating in Singapore and Cambodia. Exports of the product from Cambodia and Singapore allegedly constitutes circumvention of ADD in force on imports from China.
b) Change in pattern of trade whereby imports from China have declined and imports from Singapore and Cambodia have increased significantly.
c) The imports of PUI are at dumped prices and are undercutting the prices of the domestic industry.
9. The Applicant has requested retrospective imposition of anti-dumping duty on import of circumventing products from Singapore & Cambodia from the date of initiation of investigation.
10. The Authority on the basis of prima facie evidence provided by the Applicant notes that exports of Measuring Tapes consigned from Singapore and Cambodia are undermining the remedial effects of the existing anti-dumping measure imposed on imports of PUC from China PR.
11. On the basis of the application filed by the Applicant in the form and manner prescribed, contending circumvention of existing antidumping measure imposed on imports of PUC from China PR by imports of PUI from Singapore & Cambodia and having satisfied itself on the change in pattern of trade undermining the remedial effect of the existing AD measure, the Authority hereby initiates an Anti-Circumvention investigation in accordance with Section 9A (1A) of the Act and Rules 25 & 26 of the Rules to consider extension of existing anti-dumping duty on imports of PUC imported from China to the PUI imported from Singapore and Cambodia from the date of initiation of this investigation in accordance with the Rule 27 (3) of the Rules. The Authority recommends provisional assessment on all imports of the PUI i.e. Measuring Tapes from Singapore and Cambodia till the completion of this review.
H. Period of Investigation:
12. The period of investigation (POI) for the present investigation is April 2019- March 2020 (12 Months) and the injury period will cover the periods April 2016 – March 2017, April 2017 – March 2018, April 2018 – March 2019 and the POI.
I. Subject countries
13. The subject countries involved in circumvention are Singapore and Cambodia.
J. Submission of Information
14. In view of the special circumstances arising out of COVID-19 pandemic, all communication should be sent to the Designated Authority via email at email address [email protected] [email protected], [email protected] and [email protected] should be ensured that the narrative part of the submission is in searchable PDF/ MS Word format and data files are in MS Excel format.
15. The known exporters, their Government through their Embassies in India, the importers and users in India known to be concerned with the subject goods and the domestic industry are being informed separately to enable them to file all the relevant information in the form and manner prescribed within the time-limit set out below.
16. Any other interested party may also make its submissions relevant to the investigation in the form and manner prescribed within the time-limit set out below.
17. Any party making any confidential submission before the Authority is required to make a non-confidential version of the same available to the other parties.
K. Time Limit
18. Any information relating to the present investigation should be sent to the Designated Authority via email at the email addresses [email protected], [email protected], [email protected] and [email protected] within 37 days from the date of receipt of the notice as per as per Rule 6(4) of the Rules. If no information is received within the prescribed time limit or the information received is incomplete, the Authority may record its findings on the basis of the facts available on record in accordance with the Rules.
19. All the interested parties are hereby advised to intimate their interest (including the nature of interest) in the instant matter and file their questionnaire responses within the above time limit.
20. The interested parties are further advised to keep a regular watch on the official website of DGTR i.e. www.dgtr.gov.in for any updated information with respect to this investigation.
L. Submission of Information on Confidential basis
21. Any party making any confidential submission or providing information on confidential basis before the Authority, is required to simultaneously submit a non-confidential version of the same in terms of Rule 7(2) of the Rules and the Trade Notices issued in this regard. Failure to adhere to the above may lead to rejection of the response/submissions.
22. The parties making any submission (including Appendices/Annexures attached thereto), before the Authority including questionnaire response, are required to file Confidential and Non-Confidential versions separately.
23. The “confidential” or “non-confidential” submissions must be clearly marked as “confidential” or “nonconfidential” at the top of each page. Any submission made without such marking shall be treated as nonconfidential by the Authority, and the Authority shall be at liberty to allow the other interested parties to inspect such submissions.
24. The confidential version shall contain all information which is by nature confidential and/or other information which the supplier of such information claims as confidential. For information which are claimed to be confidential by nature or the information on which confidentiality is claimed because of other reasons, the supplier of the information is required to provide a good cause statement along with the supplied information as to why such information cannot be disclosed.
25. The non-confidential version is required to be a replica of the confidential version with the confidential information preferably indexed or blanked out (in case indexation is not feasible) and summarized depending upon the information on which confidentiality is claimed. The non-confidential summary must be in sufficient detail to permit a reasonable understanding of the substance of the information furnished on confidential basis. However, in exceptional circumstances, party submitting the confidential information may indicate that such information is not susceptible to summary, and a statement of reasons why summarization is not possible, must be provided to the satisfaction of the Authority.
26. The Authority may accept or reject the request for confidentiality on examination of the nature of the information submitted. If the Authority is satisfied that the request for confidentiality is not warranted or if the supplier of the information is either unwilling to make the information public or to authorize its disclosure in generalized or summary form, it may disregard such information.
27. Any submission made without a meaningful non-confidential version thereof or without a good cause statement on the confidentiality claim shall not be taken on record by the Authority.
28. The Authority on being satisfied and accepting the need for confidentiality of the information provided, shall not disclose it to any party without specific authorization of the party providing such information.
M. Inspection of Public File
29. In terms of rule 6(7) any interested party may inspect the public file containing non-confidential versions of the evidence submitted by other interested parties. The modality of maintaining public file in electronic mode is being worked out.
30. In case where an interested party refuses access to and otherwise does not provide necessary information within a reasonable period, or significantly impedes the investigation, the Authority may record its findings on the basis of the facts available to it and make such recommendations to the Central Governments as deemed fit.
B.B. SWAIN, Spl. Secy. & Designated Authority