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Core Purpose

Termination, under Rule 14(a) of the Anti-Dumping Rules, 1995, of the anti-dumping investigation concerning imports of 'Vitamin-A Palmitate' from China PR, the European Union and Switzerland, following withdrawal of the petition by Piramal Pharma Limited.

Detailed Summary

The Ministry of Commerce and Industry (Department of Commerce), Directorate General of Trade Remedies, issued a Termination Notification dated 9th February 2024 (Case No. AD(OI)-15/2022, F. No. 6/15/2022-DGTR), recording that Piramal Pharma Limited had, under the Customs Tariff Act, 1975 and the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, filed an application for an anti-dumping investigation into imports of 'Vitamin-A Palmitate' from China PR, the European Union and Switzerland, that the Authority initiated the investigation via a public notice dated 29th December 2022 under section 9A of the Act read with Rule 5, notified the embassies of the subject countries and known producers/exporters and importers under Rules 5(5) and 6(2)-6(3), held an oral hearing on 22nd June 2023 under Rule 6(6), and that the applicant, by email dated 17th January 2024, withdrew its petition citing growing import volumes and falling prices from China and requested termination in order to file a fresh application covering a more recent period; the Authority accordingly terminates the investigation under Rule 14(a) of the Anti-Dumping Rules, 1995, which requires termination on written request from the domestic industry that initiated it; the notification is signed by Anant Swarup, Designated Authority.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-09022024-251959 EXTRAORDINARY PART I-Section 1 PUBLISHED BY AUTHORITY No. 29] NEW DELHI, FRIDAY, FEBRUARY 9, 2024/MAGHA 20, 1945 MINISTRY OF COMMERCE AND INDUSTRY (Department of Commerce) (DIRECTORATE GENERAL OF TRADE REMEDIES) TERMINATION NOTIFICATION New Delhi, the 9th February, 2024 (Case No. AD (OI) -15/2022) Subject: Termination of anti-dumping investigation concerning imports of “Vitamin- A Palmitate" originating in or exported from China PR, the European Union and Switzerland-reg. F. No. 6/15/2022-DGTR.-A. INTRODUCTION 1. As per the Custom Tariff Act, 1975 as amended from time to time (hereinafter also referred as the 'Act') and the Custom Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter also referred as the 'Rules'), thereof, Piramal Pharma Limited (hereinafter referred to as the 'applicant', the 'applicant company' or 'PPL') had filed an application before the Designated Authority (hereinafter referred to as the 'Authority') on behalf of the domestic industry for initiation of an anti-dumping investigation concerning imports of "Vitamin- A Palmitate" (hereinafter referred to as the 'Product Under Consideration' or 'subject goods') originating in or exported from China PR, the European Union and Switzerland (hereinafter referred to as 'the subject countries'). 2. The Authority, based on prima facie evidence submitted by the applicant, issued a public notice vide Notification F. No. 6/15/2022-DGTR dated 29th December 2022, published in the Gazette of India - Extraordinary, initiating the subject investigation in accordance with Section 9A of the Act read with Rule 5 of the Rules, to determine the existence, degree and effect of any alleged dumping in respect of the product under consideration originating in or exported from the subject countries and to recommend the amount of anti- dumping duty, which if levied, would be adequate to remove the injury to the domestic industry. B. PROCEDURE 3. The Authority notified the embassies of 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 Rules. 4. The Authority issued a public notice vide Notification F. No. 6/15/2022-DGTR dated 29th December 2022, published in the Gazette of India - Extraordinary, initiating the anti-dumping investigation concerning imports of the subject goods. 5. The Authority post-initiation sent a copy of the initiation notification to the embassies of the subject countries in India, the known producers/exporters, the known importers/users, the applicant company as well as the domestic producers of the subject goods in India as per the address made available by the applicant and requested them to make their views known in writing within the prescribed time limit as per Rule 6(2) of the Rules. 6. The Authority provided a copy of the non-confidential version of the application to the known producers/exporters and to the embassies of the subject countries in India in accordance with Rule 6(3) of the Rules. 7. The embassies of the subject countries in India were 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 countries. 8. In response to the initiation notification and intimation, exporters/producers from the subject countries and importers/users responded to the Authority by filling the exporter questionnaire responses and the legal submission. 9. A list of all the interested party was 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 since the public file was not accessible physically due to the ongoing global pandemic. 10. The Authority held an oral hearing dated 22nd June, 2023 to provide an opportunity to the interested parties to present the relevant information orally in accordance with the Rule 6(6) of the Rules. C. REQUEST RECEIVED FROM THE APPLICANT COMPANY 11. The applicant, through an email dated 17th January 2024, has withdrawn its petition and has requested for termination of the investigation citing the following reasons: "PPL intends to file a fresh application seeking an appropriate remedy to the full extent of dumping and injury for a more recent period as the volumes from China have grown significantly and prices continue to drop. This, in combination with relentless dumping from other countries, has cumulatively injured the Domestic Industry more egregiously." D. EXAMINATION BY THE AUTHORITY 12. The said request made by the applicant company, has been examined. The Authority notes that Rule 14(a) of the Rules provides that the Designated Authority shall, by issue of a public notice, terminate an investigation immediately if "it receives a request in writing for doing so from or on behalf of the domestic industry affected, at whose instance the investigation was initiated." 13. In view of the withdrawal of the petition by the applicant company and its request for termination of the investigation, the Authority does not consider it appropriate to deal with the various issues raised by several interested parties, and hereby terminates this investigation. E. CONCLUSION 14. In view of the aforesaid withdrawal of the petition made by the applicant company, i.e., Piramal Pharma Limited and Rule 14(a) of the Anti-dumping Rules, 1995 the Authority hereby terminates the anti-dumping investigation initiated vide Notification F. No. 6/15/2022-DGTR dated 29th December 2022 concerning the imports of "Vitamin- A Palmitate" originating in or exported from China PR, the European Union and Switzerland. ANANT SWARUP, Designated Authority Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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