India starts sunset review of anti-dumping investigation on Ductile Iron Pipes from China

24/10/2018 12:00 - 32 total view

Having regard to the Customs Tariff Act, 1975 as amended in 1995 and the Customs Tariff (Identification, Assessment and Collection of Antidumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Designated Authority recommended imposition of Anti-Dumping Duty on imports of "Ductile Iron Pipes", originating in or exported from China. The Authority vide its final findings No. 15/1006/2012- DGAD dated 4.9.2013 recommended imposition of anti-dumping duties against dumped imports of the subject goods from the subject country. Duties were imposed by the Central Government vide custom notification No. 23/2013 -Customs (ADD) dated 10.10.2013.

And whereas, a petition was jointly filed by Electrosteel Casting Limited (ECL), Srikalahasti Pipes Limited (SPL) and Jindal Saw Limited (hereinafter referred to as ’petitioners') in accordance with the Act and the Rules, seeking initiation of sunset review of the Anti-dumping duty in force on import of "DI Pipes" for extending the duties for a further period of five years, alleging likelihood of continuation or recurrence of dumping and injury of the subject goods originating in or exported from China.

And whereas, based on examination of the petition filed by the Domestic Industry, Authority came to the conclusion that there was no need to initiate the Sunset Review concerning imports of DI Pipes originating in or exported from China and accordingly, order dated 17.05.2018 was issued intimating the decision of the Authority on Sunset Review petition.

And whereas against the said order, the Domestic Industry filed Special Civil Applications No. 12368 of 2018 before the Hon'ble High Court of Gujarat at Ahmedabad. The Hon’ble High Court disposed of the said petition vide its order dated 26.9.2018. The extracts of direction dated 26.09.2018 from Hon’ble High Court of Gujarat are reproduced as under.

“Accordingly, impugned order dated 17.05.2018 is set aside, as the same is without reasons. The respondent authority>shall decide the application requesting a sunset review afresh, in accordance with law, within six months from the date of receipt of this order. Till such a decision is taken, the period of anti-dumping duty, which ceases to have effect on and from 9/10/2018, shall stand extended. Petition is allowed accordingly. Rule is made absolute. Direct serx’ice is permitted. ”

Pursuant to the said orders of the Hon'ble High Court of Gujarat dated 26.09.2018 the Designated Authority hereby initiates sunset review in accordance with section 9A (5) of the Custom Tariff Amendment) Act read with Rule 23 of Antidumping Rules.

The product under consideration in the present application is “Ductile Iron Pipes of all diameters" commonly known as DI Pipes from China PR.

The subject goods are classified under chapter heading 73030030 and 73030090, it is also submitted that the custom classification is indicative only and in no way, it is binding upon the product scope. It is also noted that being a sunset review, the scope of the product under consideration remains the same as has been defined in the original investigation.

The period of investigation for the purpose of the present investigations is January 2017 to December, 2017. The injury investigation period shall cover the periods 2014-15, 2015-16, 2016-17 and the period of investigation.
October 24, 2018
Source: Steel Guru