Full Text
6235 GI /2023 (1)
EXTRAORDINARY
PART I —Section 1
PUBLISHED BY AUTHORITY
No. 258] NEW DELHI, TUESDAY, OCTOBER 3, 2023/ASVINA 11, 1945
CG-DL-E-04102023-249138
MINISTRY OF COMMERCE AND INDUSTRY
(Department of Commerce )
(DIRECTORATE GENERAL OF TRADE REMEDIES)
INITIATION NOTIFICATION
New Delhi , the 30th September , 2023
Case No. AD(OI) –(21/2023)
Subject: Initiation of Anti -Dumping investigation concerning imports of “Soft Ferrite Cores” originating in or
exported from China PR.
F. No. 6/22/2023 -DGTR .— 1. Cosmo Ferrites Limited (hereinafter referred to as the “applicant”) has filed a
petition before the Designated Autho rity (hereinafter referred to as the “Authority”), on behalf of the domestic
industry, in accordance with the Customs Tariff Act, 1975, as amended from time to time (hereinafter also referred to
as the “Act”) and the Customs Tariff (Identification, Assessm ent and Collection of Anti -dumping duty on Dumped
Articles for Determination of Injury) Rules, 1995, as amended from time to time (hereinafter also referred to as the
“Rules” or the “AD Rules”) for initiation of an anti -dumping investigation concerning imp orts of “Soft Ferrite Cores”
(hereinafter referred to as the “subject goods” or the “product under consideration”), originating in or exported from
China PR (hereinafter referred to as the “subject country”).
2. The applicant has alleged that the subject good s are being imported into India, originating in or exported from
the subject country at dumped prices in significant quantities causing material injury and threat of material
injury to it and has requested for imposition of anti -dumping duty on the import of the subject goods from the
subject country.
A. PRODUCT UNDER CONSIDERATION
3. The product under consideration in the present investigation is “Soft Ferrite Cores” originating in or exported
from China PR. Ferrite cores are magnetic cores made of ferrites, whi ch are polycrystalline oxides. They belong
to a class of materials that exhibit the technically applicable property of ferromagnetism. In a ferromagnetic
material, magnetism occurs under an externally applied field. On removals of this field, the material returns to
its non -magnetic state. This behaviour is termed as magnetically "soft".
4. Soft Ferrites Cores are made from ceramic compounds by mixing, pressing, extruding, and firing large
proportions of ferric oxide (Fe2O3) blended with a small proportion of one or more additional metallic elements
such as strontium, barium, manganese, nicke l, and zinc. The most common forms of Soft Ferrite Cores are
Manganese -zinc ferrite (MnZn) and Nickel -zinc ferrite (NiZn). The product under consideration in the present
investigation is limited to Manganese -Zinc-based Soft Ferrite Cores.
5. The product unde r consideration is used to attenuate high -frequency noise levels caused by electronic devices.
They are available in a variety of geometries to make them suitable for different industries. Owing to their high
magnetic permeability & low electrical conducti vity, they are equipped in applications, such as RF transformers,
switch mode power supplies (SMPS) & ferrite loop stick antennas. They are used in several applications,
including but not limited to, electric vehicles, electric vehicle chargers, mobile cha rgers, LED drivers,
telecommunication devices, solar panels etc.
6. The product under consideration is imported under tariff item 85051110 “Ferrite Cores” of the first schedule I to
the Customs Tariff Act, 1975. The customs classification is indicative only a nd is not binding on the scope of
the product under consideration in the present petition.
7. The applicant has not proposed the Product Control Numbers (PCNs) in the present investigation. The interested
parties, however, can provide their comments/suggestio ns on the proposed PUC /PCNs for the purpose of this
investigation within 30 days from the date of initiation of this investigation.
B. LIKE ARTICLE
8. The applicant has claimed that the subject goods, which have been alleged to be dumped in India, are identical
to the goods produced by the domestic industry. There are no known differences between the subject goods
produced by the Indian industry and the product under consideration produced and exported from the subject
country. The two products are comparable in terms of essential product characteristics such as physical and
chemical characteristics, manufacturing process and technology, functions and uses, product specifications,
pricing, distribution and marketing and tariff classification of the goods. Consumer s are using the two
interchangeably. The Authority notes that the two are technically and commercially substitutable from the point
of view of applicant. Hence, for the purpose of the present investigation, the subject goods produced by the
application are being treated by the Authority as ‘like article’ to the subject goods being imported from the
subject country.
C. SUBJECT COUNTRY
9. The subject country in the present investigation is China PR.
D. DOMESTIC INDUSTRY AND STANDING
10. The application has been filed by C osmo Ferrites Limited. The applicant has stated that there are three other
Indian producers of the subject goods namely, TDK India Pvt. Ltd., CIE Automotive India and Delta
Manufacturing Limited. With respect to CIE Automotive India, the applicant has clai med that it uses
approximately 30% of its own production of the subject goods for its captive use. It has also been claimed by the
applicant that TDK India Pvt. Ltd., is related to TDK China Co., Ltd., which is engaged in the production and
sales of the su bject goods in China. TDK China Co., Ltd. has also exported the subject goods to India. Thus,
TDK India Pvt. Ltd. should not be considered as an eligible domestic industry as per Rule 2(b) and its
production should not be included in the eligible domestic production.
11. The applicant has claimed that it has imported a minuscule quantity of the subject goods from the subject
country and is not related to any exporter or producer from the subject country or any importer in India. The
Authority has examined the i mports made by the applicant and notes that the share of self -imports made by the
applicant during the POI in terms of the total Indian production, Indian demand, total imports in the country and
its own production and sales is negligible. Keeping in view these aspects, the Authority has prima facie
considered the applicant as an eligible domestic producer of the subject goods. The Authority notes that the
production by the applicant constitutes “a major proportion” of total Indian production in terms of Ru le 2(b) and
satisfies the criteria of standing also in terms of Rule 5(3) of the AD Rules.
E. BASIS OF ALLEGED DUMPING
i. Normal Value
12. The applicant has claimed that in terms of Article 15(a)(i) of China's Accession Protocol and Para 7 of the
Annexure I to the A D Rules, the normal value of producers of China PR may be determined based on the costs
or domestic selling prices prevailing in China PR only if the responding producers from China PR demonstrate
that their cost and price information are based on market d riven principles and allow for fair comparison in
terms of paras 1 to 6 of Annexure -I to the AD Rules, failing which, normal value for the Chinese producers
must be determined based on paras 7 and 8 of Annexure -I to the AD Rules.
13. The applicant has also cla imed that the data relating to cost or price in a market economy third country or
recourse to other alternative methods is not available at this stage. The normal value has been, therefore,
constructed based on the best estimates of the cost of the product ion in India of the subject goods as available
after adjusting the selling, general and administrative expenses with a reasonable profit margin.
ii. Export Price
14. The applicant has claimed the CIF price reported as per market intelligence for the determination of export
price. The export price has been adjusted with ocean freight, marine insurance, commission, inland freight
expenses, port expenses and bank charges.
iii. Dumping Margin
15. The normal value and the export price have been compared at the ex -factory level, which prima facie shows that
the dumping margin is above the de-minimis level and is significant in respect of the product under
consideration from the subject country. Thus, there is sufficient prima facie evidence that the product under
consideration fr om the subject country is being dumped in the Indian market by the exporters from the subject
country.
F. INJURY AND CAUSAL LINK
16. Information furnished by the applicant has been considered for assessment of injury to the domestic industry.
The applicant has f urnished evidence regarding the injury as a result of dumped, price undercutting and price
suppressing effect on the domestic industry. The applicant has claimed that its performance has been adversely
impacted. The applicant has also claimed a further thr eat of material injury. The Authority notes that there is
sufficient prima facie evidence that the domestic industry has suffered material injury and a further threat to
injury due to the alleged dumped imports from the subject country.
G. INITIATION OF ANTI -DUMPING INVESTIGATION
17. On the basis of the duly substantiated written application filed by the domestic industry, and having satisfied
itself, on the basis of the prima facie evidence submitted by the domestic industry, about the dumping of the
product unde r consideration originating in or exported from the subject country, injury to the domestic industry
and causal link between such alleged dumping and injury, and in accordance with section 9A of the Act read
with Rule 5 of the AD Rules, the Authority, here by, initiates an investigation to determine the existence, degree
and effect of any alleged dumping in respect of the subject goods originating in or exported from the subject
country and to recommend the amount of anti -dumping duty, which if levied, would be adequate to remove the
injury to the domestic industry.
H. PERIOD OF INVESTIGATION
18. The period of investigation for the present investigation is from 1st April 2022 to 31st March 2023 (12 months).
The injury investigation period will be 1st April 2019 to 3 1st March 2020, 1st April 2020 to 31st March 2021, 1st
April 2021 to 31st March 2022 and the POI.
I. PROCEDURE
19. The principles as stipulated under Rule 6 of the AD Rules shall be followed in the present investigation.
J. SUBMISSION OF INFORMATION
20. All communicatio n should be sent to the Authority via email at email addresses adgl6 [email protected] , adv13 -
[email protected] , [email protected] , and dd15 [email protected] . It 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.
21. The known producers/exporters in the subject country, the government of the subject country through its
embassy in India, the importers and users in India who are known to be associated with the subject goods are
being informed separately to enable them to file all the relevant information within the time limits mentioned in
this notification. All such information must be filed in the form and manner as prescribed by this initiation
notification, the AD Rules and the applicable trade notices issued by the Authority.
22. Any other interested party may also make its submissions rel evant to the investigation in the form and manner
prescribed by this initiation notification, the AD Rules and the applicable trade notices issued by the Authority
within the time -limit mentioned in this initiation notification.
23. Any party making any confi dential submission before the Authority is required to make a non - confidential
version of the same available to the other interested parties.
24. Interested parties are further advised to keep a regular watch on the official website of the Authority
http://w ww.dgtr.gov.in/ for any updated information with respect to this investigation.
K. TIME LIMIT
25. Any information relating to the present investigation should be sent to the Authority via email at the email
addresses adgl6 [email protected] , adv13 [email protected] , [email protected] , and dd15 [email protected] within thirty days
from the date on which it was sent by the Au thority or transmitted to the appropriate diplomatic representative
of the exporting country as per of Rule 6(4) of the AD Rules. If no information is received within the prescribed
time limit or the information received is incomplete, the Authority may re cord its findings on the basis of the
facts available on record in accordance with the AD Rules.
26. 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 as stipulated in this notification.
27. Where an interested party seeks additional time for filing of submissions, it must demonstrate sufficient cause
for such extension in terms of Rule 6(4) of the AD Rules and such requ est must come within the time stipulated
in this notification.
L. SUBMISSION OF INFORMATION ON CONFIDENTIAL BASIS
28. Where any party to the present investigation makes confidential submissions or provides information on a
confidential basis before the Authority, it is required to simultaneously submit a non -confidential version of
such information in terms of Rule 7(2) of the AD Rules and in accordance with the relevant trade notices issued
by the Authority in this regard. Failure to adhere to the above may lead to rejection of the response /
submissions.
29. 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 separate ly.
30. The submissions must be clearly marked as "confidential" or "non -confidential" at the top of each page. Any
submission which has been made to the Authority without such markings shall be treated as "non -confidential"
information by the Authority, and t he Authority shall be at liberty to allow the other interested parties to inspect
such submissions.
31. The confidential version shall contain all information which is by nature confidential and/or other information
which the supplier of such information claim s 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.
32. The non -confidential version of the information filed by the interested parties is required to be a replica of the
confidential version with the confidential information preferably indexe d or blanked out (in case indexation is
not feasible) and summarized depending upon the information on which confidentiality is claimed.
33. The non -confidential summary must be in sufficient detail to permit a reasonable understanding of the substance
of the information furnished on a confidential basis. However, in exceptional circumstances, the party
submitting the confidential information may indicate that such information is not susceptible to summary, and a
statement of reasons containing a sufficient and adequate explanation in terms of Rule 7 of the AD Rules and
appropriate trade notices issued by the Authority, as to why such summarization is not possible must be
provided to the satisfaction of the Authority. The other interested parties can offer their comments on the
confidentiality claimed within 7 days of receipt of the non -confidential version of the documents.
34. The Authority may accept or reject the request for confidentiality on examination of the nature of the
information submitted. If the Authori ty is satisfied 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.
35. Any submission made without a meaningful non -confidential version thereof or without a good cause statement
in terms of Rule 7 of the AD Rules and appropriate trade notices on the confidentiality claim shall not be taken
on record by the Authority.
36. The Authori ty 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
37. A list of registered interest ed parties will be uploaded on the DGTR's website along with the request therein to all
of them to email the non -confidential version of their submissions to all other interested parties.
N. NON -COOPERATION
38. In case where an interested party refuses access to and otherwise does not provide necessary information within
a reasonable period or within the time stipulated by the Authority, or significantly impedes the investigation, the
Authority may declare such interested party as non -cooperative and record its f indings on the basis of the facts
available to it and make such recommendations to the Central Government as deemed fit.
ANANT SWARUP, Designated Authority
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New D elhi-110064
and Published by the Controller of Publications, Delhi -110054.
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