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2333 GI/2024 (1)
REGD. No. D. L.-33004/99
भारत का राजपत्र
The Gazette of India
असाधारण
EXTRAORDINARY
भाग I—खण्ड 1
PART I—Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं. 79] नई ददल्ली, बृहनस्ट् पशितवार, मार्च 28, 2024/चै् 8, 1946
No. 79] NEW DELHI, THURSDAY, MARCH 28, 2024/CHAITRA 8, 1946
सी.जी.-डी.एल.-अ.-04042024-253488
CG-DL-E-04042024-253488
MINISTRY OF COMMERCE AND INDUSTRY
(Department of Commerce)
(DIRECTORATE GENERAL OF TRADE REMEDIES)
FINAL FINDINGS
New Delhi, the 28th March, 2024
Case No. A.D (OI)-08/2022
Subject : Anti-dumping investigation concerning imports of ―alloy steel chisel/ tool and hydraulic rock breaker in
fully assembled condition‖ (HRBC) originating in or exported from China PR and Korea RP.
F. No. 6/8/2022-DGTR.—Having regard to the Customs Tariff Act 1975 as amended from time to time
(hereinafter 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 thereof, as amended from time to
time (hereinafter referred as the ‗AD Rules‘ or the ‗Anti-dumping Rules‘ or the ‗Rules‘);
A BACKGROUND OF THE CASE
1. DOZCO (India) Pvt. Ltd. (hereinafter referred to as the ‗applicant‘ or the ‗domestic industry‘) filed an
application before the Designated Authority (hereinafter referred to as the ‗Authority‘), in accordance with the
Customs Tariff Act, 1975 and the Anti-Dumping Rules for the initiation of an anti-dumping investigation
concerning imports of ―alloy steel chisel/ tool and hydraulic rock breaker in fully assembled condition‖
(hereinafter also referred to as the ‗product under consideration‘ or ‗PUC‘, or the ‗subject goods‘) from China
PR and Korea RP (hereinafter also referred to as the ‗subject countries‘).
2. The Authority, on the basis of sufficient prima facie evidence submitted by the applicant, issued a public
notice vide Notification No. 6/8/2022-DGTR dated 30th September 2022, published in the Gazette of India –
Extraordinary, initiating the subject investigation in accordance with Section 9 of the Act read with Rule 5 of
the AD Rules, 1995 to determine the existence, degree and effect of alleged dumping of the subject goods and
to recommend the appropriate amount of anti-dumping duties, which if levied, would be adequate to remove
the alleged injury to the domestic industry.
B PROCEDURE
3. The following procedure has been followed during the investigation:
a. The Authority notified the embassies of both the subject countries in India about the receipt of the present
anti-dumping application before proceeding to initiate the investigation in accordance with Rule 5(5) of the
AD Rules, 1995.
b. The Authority issued a public notice dated 30th September 2022, published in the Gazette of India –
Extraordinary, initiating the anti-dumping investigation concerning imports of the subject goods from the
subject countries.
c. The Authority sent a copy of the initiation notification dated 30th September 2022 to the embassies of both
the subject countries in India, the known producers and exporters from the subject countries, the known
importers/users of the subject imports in India, other domestic producers in India and other interested
parties. The interested parties were requested to provide relevant information in the form and manner
prescribed in the initiation notification and make their submissions known in writing within the time limits
prescribed in the initiation notification.
d. The Authority also provided a copy of the non-confidential version of the application filed by the applicant
to the known producers/exporters, known importers/users and to the embassies of both the subject countries
in India in accordance with Rule 6(3) of the AD Rules, 1995 through its email dated 15th November 2022.
e. The embassies of the subject countries in India were also requested to advise the exporters/producers from
the subject countries to submit their responses to the questionnaire within the time limit prescribed by the
initiation notification. The embassies of the subject countries were also sent a copy of the letter and
questionnaire sent to the producers/exporters along with the names and addresses of the known producers
/exporters from the subject countries.
f. The Authority sent questionnaires to the known producers/exporters in the subject countries in accordance
with Rule 6(4) of the AD Rules, 1995.
g. In response to the above notification, the following producers/exporters from the subject countries have
submitted the exporter questionnaire responses:
+-----------------+---------------------------------------------+----------------+
| Subject country | Producer/Exporter | Abbreviation |
+=================+=============================================+================+
| China PR | Ningbo Yinzhou Get Machinery Ltd. | Ningbo |
| | Yantai Eddie Precision Machinery Co., Ltd | Eddie |
+-----------------+---------------------------------------------+----------------+
| Korea RP | Hyundai Everdigm Corporation | Everdigm |
| | Daemo Engineering Co. Ltd. | DAEMO |
| | Soosan Heavy Industries Co., Ltd. | Soosan |
| | FEEL Industrial Engineering Co. Ltd. | FEEL |
| | HANSUNG SPECIAL MACHINERY CO., LTD | Hansung |
| | D and A Heavy industries Co., Ltd. | D&A |
+-----------------+---------------------------------------------+----------------+
h. The producers/exporters from the subject countries who have not submitted the questionnaire response or
have not cooperated in the investigation have been treated as non-cooperative in the investigation.
i. The Authority also sent questionnaires to the known importers/users of the subject goods in India calling for
necessary information in accordance with Rule 6(4) of the AD Rules, 1995.
j. The following importers/users submitted the importer/user responses to the questionnaire issued by the
Authority:
+-------+-----------------------------------+--------------+
| S. No. | Details of the importer/user | Abbreviation |
+=======+===================================+==============+
| 1. | FYN Technologies Private Limited | FYN |
+-------+-----------------------------------+--------------+
| 2. | Fine Equipment (India) Private Limited | FINE |
+-------+-----------------------------------+--------------+
k. Extension requests made by the interested parties were considered and granted by the Authority wherever
appropriate.
l. The Directorate General of Systems & Data Management (DG Systems) was requested to provide
transaction-wise details of the imports of the subject goods for the past injury period and the period of
investigation. The same has been received by the Authority and has been considered in these final findings.
m. In accordance with Rule 6(6) of the AD Rules, 1995 the Authority provided an opportunity to the interested
parties to present their views orally regarding the subject investigation through a public hearing held via
video conferencing on 28th July 2023. The interested parties who presented their views in the oral hearing,
were requested to file written submissions of the views expressed orally, followed by rejoinder submissions,
if any. The interested parties were further directed to share the non-confidential version of the written
submissions submitted by them with the other interested parties.
n. The statutory deadline for completion of the investigation was initially 29th September 2023. The Authority
requested the Central Government to extend the timeline for completion of the investigation in terms of the
proviso to Rule 17(1)(a). Vide notification dated 29th August 2023, the Central Government extended the
timeline for completion of the investigation till 28th March 2024.
o. The non-injurious price (hereinafter referred to as the ‗NIP‘) has been determined based on the cost of
production and reasonable profits of the subject goods in India, from the information furnished by the
domestic industry on the basis of Generally Accepted Accounting Principles (GAAP) and Annexure III to
the AD Rules, 1995 so as to ascertain whether anti-dumping duties lower than the dumping margin would
be sufficient to remove injury to the domestic industry.
p. The information submitted by the applicant has been examined and verified during on site-verification to
the extent deemed necessary and has been relied upon for the present final findings.
q. The examination and verification of the information submitted by the cooperating producers/exporters from
the subject country were also carried out to the extent deemed necessary and have been relied upon for the
purpose of the present final findings.
r. The period of investigation (POI) for the purpose of the present investigation is 1st April, 2021 to 31st March
2022 (12 months). The injury period for the present investigation is 1st April 2018 – 31st March 2019, 1st
April 2019 – 31st March 2020, 1st April 2020 – 31st March 2021 and the POI.
s. The Authority made available the non-confidential version of the evidence presented by various interested
parties on mutual exchange basis in the manner prescribed through Trade Notice No. 01/2020 dated 10th
April 2020. The information/submissions provided by the interested parties on a confidential basis were
examined concerning the sufficiency of such confidentiality claims. On being satisfied as to the sufficiency
of the confidentiality claims filed by the interested parties, the Authority has considered such
information/submissions as confidential. In case of non-acceptance of confidentiality claims, the interested
parties were directed to submit the non-confidential version of the same and circulate it to the other
interested parties.
t. The Authority has considered all the arguments raised and information provided by all the interested parties
at this stage, to the extent the same are supported with evidence and considered relevant to the present
investigation.
u. A disclosure statement in terms of Rule 16 of AD Rules was issued on 20th March 2024. Keeping in view
the impending deadline interested parties were granted time till 24th March, 2024. None of the interested
parties in the post-disclosure comments or through any other communication with the investigation team
after the issuance of the disclosure statement raised concerns regarding their inability to respond within the
stipulated deadline or requested additional time for submission of post-disclosure comments. Thus,
sufficient opportunity was afforded to all interested parties to present their comments on the disclosure
statement.
v. ‗***‘ in this Final Findings represents information furnished by an interested party on confidential basis and
so considered by the Authority under Rules 7 of AD Rules, 1995.
w. The exchange rate for the POI (April 2021 - March 2022) adopted by the Authority for the subject
investigation is
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