(Department of Commerce)
(DIRECTORATE GENERAL OF TRADE REMEDIES)
NOTIFICATION FINAL FINDINGS
New Delhi, the 12th May, 2021
Case No. ADD-(OI)-15/2020
Subject: Anti-dumping Investigation concerning imports of “Acrylonitrile Butadiene Rubber (NBR)” into India originating in or exported from China PR, European Union (EU), Japan and Russia
F. No. 6/18/2020-DGTR: Having regard to the Customs Tariff Act, 1975, as amended from time to time (hereinafter also 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 (hereinafter also referred to as ―the Rules‖) thereof.
A. BACKGROUND OF THE CASE
1. The Designated Authority (hereinafter referred to as ―Authority‖) received an application from M/s Apcotex Industries Limited (hereinafter also referred to as ―Applicant‖) requesting initiation of anti-dumping investigation under the Act and the Rules on imports of ―Acrylonitrile Butadiene Rubber (NBR)‖, (hereinafter also referred to as ―subject goods‖ or ―product under consideration‖ or ―PUC‖) originating in or exported from China PR, European Union (EU), Japan and Russia (―subject countries‖). The Applicant namely, M/s Apcotex Industries Limited, has provided the prescribed information in the Application.
2. The Authority, on the basis of sufficient prima facie evidence submitted by the Applicant, issued a public notice vide Notification No. 6/18/2020-DGTR dated 26th May, 2020, published in the Gazette of India, 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 the alleged dumping of the subject goods originating in or exported from subject countries and to recommend the amount of anti-dumping duty (ADD), which if levied, would be adequate to remove the alleged injury to the Domestic Industry.
B. PROCEDURE
3. The procedure described below has been followed with regard to the subject investigation:
a. 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 Sub-Rule (5) of Rule 5 supra.
b. The Authority issued a public notice dated 26th May, 2020 published in the Gazette of India Extraordinary, initiating anti-dumping investigation concerning imports of subject goods from subject countries.
c. The Authority sent a copy of the initiation notification dated 26th May, 2020, to the Embassies of the subject countries in India, the known producers and exporters from the subject countries, known importers, importer/user Associations and other interested parties, as per the addresses made available by the Applicant. The interested parties were advised to provide relevant information in the form and manner prescribed and to make their submissions known in writing within the prescribed time-limit.
d. 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.
e. The Embassies of the subject countries in India were also 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 it along with the names and addresses of the known producers/exporters from the subject countries.
f. The Authority, upon request made by the interested parties, granted extension of time to the interested parties to file their Questionnaire Responses. Vide communication dated 2nd July, 2020, the time was extended up to 31st July, 2020, and further vide communication dated 29th July, 2020, the time was extended up to 14th August, 2020.
g. The following Governments provided written submissions:
- Ministry of Economic Development and the Ministry of Industry and Trade of the Russia Federation;
- European Union.
h. The Authority sent questionnaires to the following known producers/exporters in the subject countries in accordance with Rule 6(4) of the Rules:
- M/s Arlanxeo Emulsion Rubber France S.A.S., France;
- M/s Arlanxeo Duetschland GmbH, Germany;
- M/s Arlanxeo Netherlands B.V., Netherlands;
- M/s Arlanxeo Branch Office Istanbul, Turkey;
- M/s INSA GPRO, China;
- M/s JSR Corporation, Japan;
- M/s Nantex, Taiwan;
- M/s Sibur International GmbH, Austria;
- M/s Sibur International Trading (Shanghai) Co. Ltd. Beijing Branch, China;
- M/s Sibur, Russia.
- M/s Synthos S.A., Poland;
- M/s Versalis S.P.A., Italy;
- M/s Zeon Corporation, Japan.
i. In response to the above notification, the following producers/exporters and their related exporters/traders have responded and submitted/filed exporters‘ questionnaire responses and/or legal submissions:
- M/s Arlanxeo Emulsion Rubber France S.A.S., France;
- M/s Goko Trading Co. Ltd., Japan;
- M/s JSC Krasnoyarsk Synthetic Rubber Plant, Russia;
- M/s JSR Corporation, Japan;
- M/s JSR Trading Co. Ltd., Japan;
- M/s JTC Corporation, Japan;
- M/s Kato Sansho Co. Ltd., Japan;
- M/s PJSC Sibur Holding, Russia;
- M/s Sibur International GmbH, Austria;
- M/s Tokyo Zairyo Co. Ltd., Japan;
- M/s Zeon Asia Pte. Ltd., Singapore;
- M/s Zeon Corporation, Japan.
j. The Authority sent questionnaires to the following known importers and users of the subject goods in India calling for necessary information in accordance with Rule 6(4) of the Rules.
- M/s Alaska Tyres Pvt. Ltd.;
- M/s Andhra Polymers (P) Ltd.;
- M/s Banco Products (India) Ltd.;
- M/s Bharat Corrub Industries;
- M/s Bony Polymers Ltd.;
- M/s Champion Jointings Ltd.;
- M/s Elgi Ultra Industries Ltd.;
- M/s Favorite Safety Products;
- M/s Ferolite Jointings Ltd.;
- M/s Galaxy Rubber Products;
- M/s Gates India Pvt. Ltd.;
- M/s Godavari Petro Products (P) Ltd.;
- M/s Grindback;
- M/s Habasit Iakola Pvt. Ltd.;
- M/s Hindustan Composites Ltd.;
- M/s Imperial Rubber Products;
- M/s Imperial Waterproofing Industries Ltd.;
- M/s Inarco Ltd.;
- M/s Industrial Roller Corporation;
- M/s Industrial Rubber Products;
- M/s Jayashree Polymer Pvt. Ltd.;
- M/s K.D. Joshi;
- M/s Lakhani Rubber Udyog Ltd.;
- M/s Lakshmi Machine Works Ltd.;
- M/s Lathia Indl Suppliers Co. Pvt. Ltd.;
- M/s Layallpur Rubber Mills;
- M/s MRF Ltd.;
- M/s Nu-Cork Products Pvt. Ltd.;
- M/s Parker Markwel Inds. P. Ltd.;
- M/s Perfect Oil Seals & I.R.P.;
- M/s Polyrub Extruction (India);
- M/s Precitex Rubber Ind. P. Ltd.;
- M/s Rane Breaklining Ltd.;
- M/s Roop Rubber;
- M/s Shaktiman Rub Rolls Pvt. Ltd.;
- M/s Suja Rubber Industries Pvt. Ltd.;
- M/s Sundaram Auto Components Ltd.;
- M/s Sundaram Breaklining Ltd.;
- M/s Sundaram Industries Ltd.;
- M/s Super Seals (India) Ltd.;
- M/s Unique Rubber Udyog.
k. In response to the above notification, the following importers or users have responded and submitted importer/user questionnaire responses/legal submissions and/or registered as interested parties:
- M/s Imperial Waterproofing Industries Pvt. Ltd.;
- M/s JMF Synthetics India Pvt. Ltd.;
- M/s Olmec Inventures;
- M/s Tokyo Zairyo (India) Pvt. Ltd;
- M/s Vista Business Ventures LLP;
- M/s Aarchem Corporation;
- M/s Avneesha Polymers LLP;
- M/s Devashish Polymers Pvt Ltd.;
- M/s Hi-Tech Arai Pvt. Ltd.;
- M/s J.K.Fenner (India) Limited;
- M/s Jayashree Polymers Pvt. Ltd.;
- M/s K.D.Sons;
- M/s Nishigandha Polymers Pvt. Ltd.;
- M/s Parkman Elastometers Pvt. Ltd.;
- M/s Precision Rubber Industries Pvt. Ltd.;
- M/s Rishiroop Ltd.;
- M/s Roop Rubber Mills Private Limited;
- M/s Rubber Chemical Centre;
- M/s SRP Synthetic Rubber Products Pvt. Ltd.;
- M/s Technocraft Industries (India) Ltd.
l. The Authority sent a copy of the initiation notification dated 26th May, 2020 to the following known Associations of the subject goods in India:
- All India Rubber Industries Association;
- Indian Footwear Components Manufacturers Association (IFCOMA).
m. In response to the above notification, the All India Rubber Industries Association has made legal submissions.
n. In accordance with Rule 6(6) of the Rules, the Authority provided an opportunity to the interested parties to present their views orally in a public hearing held through video conferencing on 23rd December, 2020. Subsequently, in the light of the decision of the Hon‘ble Supreme Court in the matter of Automotive Tyres Manufacturer Association vs Designated Authority, another public hearing was held on 15th February, 2021 in view of the change of the Designated Authority, which was attended by various parties through video conferencing. The parties, which presented their views in the oral hearing, were requested to file written submissions of the views expressed orally, followed by rejoinder submissions, if any. The parties shared their non-confidential submissions with other interested parties and were advised to offer their rebuttals.
o. The Authority made available the non-confidential version of the submissions presented by various interested parties in the form of a public file kept open for inspection by the interested parties. A list of all interested parties was uploaded on 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.
p. The period of investigation (POI) for the purpose of the present investigation is 1st July, 2019 to 31st March, 2020 (9 months). The injury examination period has been considered as the period from 1st April, 2016 – 31st March, 2017; 1st April, 2017- 31st March, 2018; 1st April, 2018 – 30th June, 2019 and the POI.
q. The Authority obtained transaction-wise import data from the Directorate General of Commercial Intelligence and Statistics (DGCI&S) and Directorate General of Systems & Data Management (DGS) for the subject goods for the injury period, including the POI, and analysed the data after due examination of the transactions.
r. Further information was sought from the Applicant to the extent deemed necessary. Verification of the data provided by the domestic industry was conducted to the extent considered necessary for the purpose of present investigation.
s. The non-injurious price (hereinafter referred to as ―NIP‖) based on the cost of production and reasonable profits of the subject goods in India, having regard to the information furnished by the domestic industry in accordance with Generally Accepted Accounting Principles (GAAP) and Annexure III to the Rules, have been worked out so as to ascertain whether ADD lower than the dumping margin would be sufficient to remove injury to the domestic industry.
t. In accordance with the Rules, the Authority disclosed the essential facts of the case that would form the basis of its findings in the form of a disclosure statement on 22.03.2021 and the interested parties were allowed time upto 30.03.2021 to comment on the same. The comments of the interested parties, to the extent relevant, have been considered by the Authority and have been addressed in this finding.
u. The submissions made by the interested parties, arguments raised and information provided by various interested parties during the course of investigation, to the extent the same are supported with evidence and considered relevant to the present investigation, have been considered in these findings.
v. The Authority, during the course of investigation, satisfied itself as to the accuracy of the information supplied by the interested parties, which forms the basis of these findings, to the extent possible, and verified the data/documents submitted by the domestic industry to the extent considered relevant and possible.
w. The information provided by the interested parties on confidential basis was examined with regard to sufficiency of the confidentiality claims. On being satisfied, the Authority has accepted the confidentiality claims, wherever warranted, and such information has been considered as confidential and not disclosed to other interested parties. Wherever possible, parties providing information on confidential basis were directed to provide sufficient non-confidential version of the information filed on confidential basis.
x. Wherever an interested party has refused access to, or has otherwise not provided necessary information during the course of investigation, or has significantly impeded the investigation, the Authority considered such interested parties as non-cooperative and recorded these final findings on the basis of the facts available.
y. ‗***‘ in these findings represents information f u r n i s h e d by an interested party on confidential basis and so considered by the Authority under the Rules.
z. The exchange rate adopted by the Authority for the subject investigation is US $1= Rs. 72.07.
C. PRODUCT UNDER CONSIDERATION AND LIKE ARTICLE
4. At the stage of initiation, the product under consideration was defined as-….. Click here read more.