Further Information concerning the Sunset  Review

 

The purpose of a Sunset review is to investigate whether the cessation of anti- dumping duty is like to lead to continuation or recurrence of dumping and injury. As regards the Sunset review two aspects are to be addressed:

 

The existence of current injurious dumping may be a strong indicator that continuation is likely but if there are reasons to take a contrary view then exporters should provide evidence to support such a claim.

 

The term “recurrence” implies a situation where injurious dumping is no longer taking place. As such, the investigation will concentrate on establishing whether the cessation of existing measures is likely to lead to resumption of dumped and injurious exports.

 

INFORMATION TO BE SOUGHT CONCERNING SUNSET   REVIEW

 

1. Does your firm or any related firm produce, have the capability to produce, or have any plans to produce PUC in India or other countries?

 

2. Does your firm or any related firm export or have any plans to export PUC to India?

 

3. Has your firm experienced any plant openings, relocations, expansions, acquisitions, consolidations, closures or prolonged shutdowns because of strikes or equipment failure; curtailment of production because of shortage of materials; or any other change in the character of your operations or organization relating to the production of PUC since the date on which the antidumping duty under review was levied? If yes, – supply details as to the time, nature, and significance of such changes.

 

4. Does your firm anticipate any changes in the character of your operations or organizations (as noted above) relating to the production of PUC in the future? If yes, then supply details as to the time, nature and significance of such changes and provide underlying assumptions, along with relevant portions of business plans or other supporting documentation that address this issue. Include in your response a specific projection of your firm’s capacity to produce PUC.

 

5. Does your firm have any plans to add, expand, curtail or shut down production capacity and/or production of PUC in the future? If yes, describe those plans, including planned dates and capacity/production quantities involved, and the reason(s) for such change(s). If the plans are to add or expand capacity or production, List (in descending order of importance) the markets (countries) to which such additional capacity or production would be directed. Provide relevant portions of business plans or other supporting documentation that addresses this issue.

 

6. Describe the production technology used in the production of PUC and identify major production inputs. Also explain any significant changes in production technology since the year the antidumping duty under review was levied.

 

7. Has your firm, since the year the antidumping duty under review became effective, produced; or does your firm anticipate producing in the future, other products on the same equipment or machinery and related work force used in the production of PUC? If yes, provide yearly data on your firm’s combined production capacity and production of these products and PUC in the periods indicated.

 

8. What percentage of your firm’s total sales in its most recent financial year was represented by sales of PUC?

 

9. Has your firm maintained any inventories of PUC in India?

 

10. (a) Are your firm’s exports of PUC subject to tariff or non-tariff barriers to trade (for example, antidumping or countervailing duty findings or remedies, tariffs, quotas, or regulatory barriers) in any countries other than India?

(b) Are your firm’s exports of PUC subject to current investigations in any countries other than India that might result in tariff or non-tariff barriers to trade?

 

11. Identify export markets (other than India) that you have developed or where you have increased your sales of PUC as a result of the antidumping duty order on PUC from India. Please identify and specify.

 

12. Describe the significance of the existing antidumping duty order covering imports of PUC in terms of its effect on your firm’s production capacity, production, home market shipments, exports to India and other markets, and inventories. You may compare your firm’s operations before and after the imposition of the anti- dumping order.

 

13. Would your firm anticipate any changes in the production capacity, production, home market shipments, exports to India and other markets, or inventories relating to the production of PUC in the future if the antidumping duty order on PUC from COUNTRY were to be revoked? Supply details as to the time, nature, and significance of such changes and provide underlying assumptions, along with relevant portions of business plans or other supporting documentation, for any trends or projections you may provide.

 

14. Please furnish data on installed capacity, production, shipments, and inventories of PUC produced by your firm since last five years.

 

15. To what extent have changes in the prices of raw materials affected your firm’s selling prices for PUC since last five years? Also discuss any anticipated changes in your raw material costs in the future, identify the time period (s) involved and the factor(s) that you believe would be responsible for such changes. Provide any underlying assumptions, along with relevant portions of business plans or other supporting documentation, that address this issue.

 

16. What percentage of your firm’s sales of PUC to Indian customers are on a contract (per cent) vs. spot sales (percent) basis? If you sell on a contract basis, please answer the following questions with respect to provisions of a typical contract.

(a) What is the average duration of a contract?

(b) How frequently are contracts renegotiated?

(c) Does the contract fix quantity, price or both?

(d) Does the contract have a meet or release provision?

(e) What are the standard quantity requirements, if any?

(f) What is the price premium for sub-minimum shipments?

 

17. Have individual Indian producers, importers, purchasers, or foreign producers/exporters of PUC influenced market price of PUC in India since the year the antidumping duty under review became effective?

 

18. Is there any supply factor(s) (e.g. changes in availability or prices or raw materials, energy, or labour; transportation conditions; production capacity and/ or methods of production; technology; export markets; or alternative production opportunities) that affected the availability of PUC in the Indian market since the year the antidumping duty under review became effective? If so, please identify the same and explain the time period(s) of any such changes, the factor(s) involved, and the impact such had on your shipment volumes and prices.

 

19. Please discuss any anticipated changes in the supply factors noted above that may affect the availability of PUC in the Indian market in the future, identifying the time period(s) involved and the factor(s) that you believe would be responsible for such changes. Provide any underlying assumptions, along with relevant portions of business plans or other supporting documentation, that address this issue.

 

20. Is the PUC range, PUC mix, or marketing of PUC in your home market significantly different from the PUC range, PUC mix, or marketing of PUC for export to India or to third country markets? Have there been any significant changes in the PUC range, PUC mix or marketing of PUC in your home market,for exports to India,or for exports to third country markets since the year the antidumping duty order under review became effective?

 

21. Please discuss any anticipated changes in terms of the PUC range, PUC mix, or marketing of PUC in your home market, for export to India, or for export to third country markets in the future, identifying the time period(s) involved and the factor(s) that you believe would be responsible for such changes. Provide any underlying assumptions, along with relevant portions of business plans or other supporting documentation, that address this issue.

 

22. What other Products may be substitutes for PUC, and how frequently does such substitution occur?

 

23. Have there been any changes in the number or types of Products that can be substituted for PUC since the year the antidumping duty order under review became effective?

 

24. Please discuss any anticipated changes in terms of the substitutability of other Products for PUC in the future, identifying the time period(s) involved and the factor(s) that you believe would be responsible for such changes. Provide any underlying assumptions, along with relevant portions of business plans or other supporting documentation, that address this issue.

 

25. Discuss any changes in the end uses of PUC since the year the antidumping duty order under review became effective by market and time period.

 

26. Please provide transaction wise details of exports of PUC to third country markets, i.e., markets other than India.

 

27. What is the current level of production and demand of the subject goods in your country? Please provide the information in the table given below:

 

Financial years prior to  POI

 

Particulars	3rd year	2nd year	1st year	POI	Estimate Next 1st year	Estimate Next 2nd year
Country’s Production
Company’s Production
Other producer sales in domestic market
Total sales in domestic market
Imports in your country
Total demand in your country
Company’s exports to India **
Company’s export to countries other than India ##
Other producers’ exports to India
Other producers exports to countries other than India

 

** The sales figure for POI should reconcile with the transaction wise information provided in Appendix – 2 of the main Exporter’s  Questionnaire.

 

## The transaction wise data for POI should be provided in the same format as  prescribed in the Appendix – 2 of the main Exporter’s  Questionnaire.

 

Source: Manual Of Operating Practices For Trade Remedy Investigations