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EXTRAORDINARY
PART I—Section 1
PUBLISHED BY AUTHORITY
No. 283] NEW DELHI, THURS DAY, NOVEMBER 9, 2023/KARTIKA 18, 194 5
CG-DL-E-10112023-250007
2 THE GAZ ETTE OF INDIA : EXTRAORDINARY [PART I—SEC.1]
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MINISTRY OF COMMERCE AND INDUS TRY
(Department of Commerce )
(DIRECTORATE GENERAL OF TRADE REMEDIES )
New Delhi, the 9th Novembr, 2023
AMENDMENT NOTIFICATION
Subject : Change in the name of producer/exporter M/s Dongkuk Steel Mill Co. Ltd. Korea in the final findings
notification no. 6/7/ 2021 -DGT R dated 27.07.2022 of anti -dumping investigation concerning imports of
‘Electrogalvanized Steel’ originating in or exported from Korea RP, Japan and Singapore.
F. No. 7/10/2023 -DGTR .—Having regard to the Customs Tariff Act, 1975, as amended from ti me to ti me
(hereinafter referred to 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
(hereinafte r referred to a s "the R ules") thereof ;
A. BACKGROUND
1. The Directorate General of Trade Remedies (hereinafter referred to as the ‘Authority’) had conducted an anti -
dumping investigation concerning imports of ‘Electrogalvanized Steel’ (hereinafter referred to as the ‘subject
goods’ or ‘Product under Consideration’ or ‘PUC’) originating in or exported from Korea RP, Japan and
Singapore (hereinafter referred to as the ‘subject countries’) and recommended imposition of the definitive anti -
dumping duty vide its final findings notification No.6/7/2021 -DGTR dated 27.07.2022. The said
recommendation was accepted by the Central Government and definitive anti -dumping duty was accordingly
imposed vide Notification No.29/2022 -Customs (ADD) dated 19.10.2022.
2. In the said anti -dumping investigation, one of the cooperating producers of the subject goods from Korea
namely ‘Dongkuk Steel Mill Co. Ltd.’ participated and filed their exporters' questionnaire response. The
Authority recommended ‘NIL’ duty for the produce r/exporter ‘Dongkuk Steel Mill Co. Ltd., Korea RP’ .
3. During the original investigation, ‘Dongkuk Steel Mill Co. Ltd., Korea RP’ was engaged in the manufacturing
and sale of the PUC . However, after the issuance of final findings there was a change in circumst ances
involving a spin -off and now the ‘Dongkuk Steel Mill Co. Ltd., Korea RP’ has split its hot -rolled steel and cold -
rolled steel business segments. Resultantly, the ‘Dongkuk Coated Metal Co. Ltd., Korea RP’ was created to
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handle the cold -rolled business segment, including the PUC in the said investigation , and the hot -rolled business
is now b eing managed by the ‘Dongkuk Steel Mill Co. Ltd., Korea RP ’.
4. Accordingly , ‘Dongkuk Coated Metal Co. Ltd., Korea RP’ , the newly incorporated entity filed an applicat ion
before the designated a uthority for the change of name in the duty table in final finding s notification no.
6/7/2021 -DGTR dated 27.07.2022 of anti -dumping investigation concerning imports of ‘Electrogalvanized
Steel’ originating in or exported from Kor ea RP, Japan and Singapore .
B. PROCEDURE
5. An amendment request was received from ‘Dongkuk Coated Metal Co. Ltd ., Korea RP’ (hereinafter referred to
as the ‘ applicant’) in accordance with Trade Notice No.12/2018 dated 17.09.2018. The applica nt has requested a
change of name from ‘Dongkuk Steel Mill Co. Ltd., Korea RP’ to ‘Dongkuk Coated Metal Co. Ltd.’ in the final
findings and consequently, the duty table as notified by customs notification.
Existing Name in the Duty Table Dongkuk Steel Mill Co. Ltd.
Proposed New Name in the Duty Table Dongkuk Coated Metal Co. Ltd.
6. Considering the nature of the request and in terms of Trade Notice No.12/2018 dated 17.09.2018, t he Authority
examined the said request and circulat ed the non -confidential version of the applicatio n to the domestic industry
and all the other concerned interested parties as identified in the original anti -dumping investigation concerning
imports of ‘Electrogalvanized Steel’ originating in or exported fro m Korea RP, Japan , and Singapore and sought
their comments , so that the request could be considered appropriately and the need to undertake a Mid -Term
Review (‘MTR’) , if warranted, could be properly evaluated.
7. No submission s/evidence s against the claims of the applicant w ere filed either by the domesti c industry or any
other interested part y within the stipulated timelines .
8. An oral hearing was conducted by the Authority on 03.11.2023 and the submissions made by the participants are
recorded below and have been duly considered by the Authority.
C. SUBMISSI ONS
Submissions by the Applican t
9. In terms of Trade Notice No.12/2018, the applicant informed the Authority that the name change is pursuant to
the fact that ‘Dongkuk Steel Mill Co. Ltd., Korea RP’ (hereinafter referred to as the ‘ divided entity’) has
unde rgone a spin -off whereby the two b usiness segments operated by the ‘divided entity’, being the hot -rolled
business segment and the cold -rolled business segment, which includes the production of the ‘subject goods’ in
the original investigation, have been s eparat ed “to strengthen business c ompetitiveness, to pursue expertise and
advancement for sustainable growth by concentrating the business capabilities on specialised business areas,
and to increase the corporate governance transparency and business stabil ity.” The change in the name is
effective from 01.06.2023.
10. Following the spin -off, the ‘divided entity’ is now dissected into three different entities , as follows:
(I) Dongkuk Holdings Co. Ltd. (Dongkuk Holdings) - Pursuant to the s pin-off, the ‘divided entity’ (Dongkuk
Steel Mill Co. Ltd.) has now changed its name to Dongkuk Holdings . This is the surviving entity which now
solely focuses on subsidiary stake management and investment business, etc. This ‘divided entity’ does not have
any production facilities.
(II) Dongkuk Steel Mill Co. L td. (Dongkuk SM) - Since the name of the ‘divided entity’ has changed to Dongkuk
Holding Co. Ltd., the entity name - ‘Dongkuk Steel Mill Co. Ltd ’ was made available and approved for the spin -
off entity res ponsible for the hot -rolled business ( non-PUC). The Dongkuk SM does not have any production
facilities for the production of the PUC .
(III) Dongkuk Coated Metals Co. Ltd. (Dongkuk CM) - This entity is t he applicant herein which has now taken
over the divided entity’ cold-rolled steel business, including the entire business division concerning the PUC.
This division was verified during the original investigation.
11. The applicant contends that pursuant to the spin-off, the entire business segment of the ‘divided enti ty’
concerning the PUC, that was investigated in the original investigation was transferred to Dongkuk CM. This
includes the Busan factory, which is the only facility producing the P UC, as was verified in the original
investigation. The applicant further c ontends that the other spin -off entities i.e., Dongkuk Holdings and
Dongkuk SM, do not produce the PUC and there are no installed capacities for the same. Further, the process
adopte d by the ‘divided entity’ for manufacturing the PUC verified in the initia l investigation continues to be the
same for Dongkuk CM / the applicant herein.
12. There are no changes in the location of the new entities following the spin -off. The address of Dongk uk
Holdings, Dongkuk SM & Dongkuk CM continues to be Suhadong, Ferrum Tower , 19, Eulji ro 5 gil, Jung gu,
Seol, Korea , the same as the ‘divided entity’ before the spin -off. Moreover, the Dongkuk CM/the applicant
herein has two subsidiaries/factories out of which only the Busan factory has the production facility to produce
the PUC , thereby making it the sole producer of the PUC.
13. There are also no changes to the ownership with the spin -off, as the shares in the new entitie s have been
allocated in proportion to the share -holders’ ownership ration of the ‘divided entity’ as of the de signated base
date 31.05.2023. The major shareholders as reported at the time of the original investigation, remain the same
and have been allott ed shares in the spin -off entities proportional to their ownership before the spin -off.
14. There is also no chang e in overall management as the spin -off of the ‘divided entity’ has only led to the
constitution of new boards of directors for the newly incorporated entities with the same managerial personnel
appointed for these entities.
15. To substantiate the above -stated contentions, t he applicant filed the duly complied application along with the
following required documents in terms of Trade Notice 12/2018 :
a) Business Certificate of former Dongkuk Steel Mill Co. Ltd. (the ‘divided entity’).
b) Business Certificates of all the newly constituted business entities.
c) List of Cost Centres before and after the spin -off.
d) Copy of Annual Report 2022.
e) List of Directors and Officers of all the business entities.
f) List of all the shareholders, before and after the spin -off.
16. No respon se or any objection was filed by the domestic industry or any other interested party.
D. Examination and Recommendation by the Authority
17. The submissions made by the applicant have been examined . From the perusal of the documents filed by the
applicant , it is noted that there is no change in factors such as production facility, manufacturing process, end -
use, customer base, or management of the company after the completion of the original investi gation. The
application has been filed as per Trade Notice No.12/ 2018 dated 17.09.2018 with all the relevant documents.
Further, the applicant has also complied with the timeline stipulated in paragraph 7 of the said trade notice.
18. The Authority has also conducted the oral hearing and provided reasonable opportunity to all the interested
parties.
19. After evaluating the submissions, the Authority notes that soon after the final findings and imposition of duties,
the original entity i.e., Dongkuk Steel Mill Co. Ltd (‘divided entity’) has gone into a complete spin -off thereb y
creating three different entities, out of which only one ( Dongkuk Coated Metal Co. Ltd./the applicant )
manufactures the PUC.
20. In a nutshell, the company named ‘Dongkuk Steel Mill Co. Ltd ’ (‘divided entity ’) on which ‘NIL’ anti -dumping
duty was originally imposed for exporting the PUC i.e., Electrogalvanized Steel (c old rolled steel) has now gone
into a total revamp. After the spin -off, the Dongkuk SM n ow deals with non-PUC i.e., the hot-rolled steel
business segment and the manufacturing of the PUC has now been transferred to the ‘Dongkuk Coated Metal
Co. Ltd .’ (the applicant herein) .
21. Since there is no substantial restr ucturing apart from creating new entities and transferring the business entity
responsible for manufacturing PUC to the applicant herein/D ongkuk Coated Metal Co., the Authority notes that
the request for name change is covered within the scope of conditions prescribed in Trade Notice No.12/2018 .
22. The Authority therefore recommends the following change in the duty table in paragraph 149 of Fin al Findings
No. 6/7/2021 -DGTR dated 27.07.2022 :
At Sr. No. 2, in column 6, the name of the producer viz ‘Dongkuk Steel Mill Co. Ltd.’ is to be substituted by
‘Dongkuk Coated Metal Co. Ltd .’.
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23. Accordingly, the Authority recommends that necessary amendment m ay also be carried out in Notification
No.29/2022 -Customs (ADD) dated 19.10.2022 .
24. An appeal arising out of this recommendation shall lie before the Customs, Excise , and Service Tax Appellate
Tribunal in accordance with the Act.
ANANT SWARUP , Designated Authority
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