(Department of Commerce)
(DIRECTORATE GENERAL OF TRADE REMEDIES)
TERMINATION ORDER
(Bilateral Safeguard Investigation) New Delhi, the 23rd July, 2021 Case No. (SG) 6/2020
Subject : Termination of Bilateral Safeguard Investigation concerning imports of ―PVC Suspension Grade Resin‖ into India from Japan under India-Japan Comprehensive Economic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017- Reg.
A. Introduction
F. No. 20/6/2020–DGTR.—Having regard to the Article 23 of the Comprehensive Economic Partnership Agreement between the Republic of India and Japan (CEPA) and India-Japan Comprehensive Economic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017 (hereinafter referred to as the “Bilateral Safeguard Rules” or the “Rules) thereof, M/s DCW Limited, M/s DCM Shriram Limited and M/s Chemplast Cuddalore Vinyls Limited (hereinafter referred to as the “applicants” or the “Domestic Industry”) had filed an application before the Director General of Trade Remedies (hereinafter referred to as “Director General”) in accordance with CEPA and Bilateral Safeguard Rules for initiation of bilateral safeguard investigation concerning alleged increased imports of “PVC Suspension Grade Resin” (hereinafter also referred to as the “product under consideration” or the “PUC” or the “subject goods”) from Japan (hereinafter also referred to as the subject country).
2. After determining that there is prima facie evidence to justify initiation of the safeguard investigation, the Director General had initiated the safeguard investigation in order to determine whether the imports of the product under consideration from Japan constitute increased imports and whether the increased imports have caused or are threatening to cause serious injury to the Domestic Industry.
3. The Director General accordingly issued an Initiation Notification No. 20/6/2020-DGTR dated 8th September, 2020, initiating Bilateral Safeguard investigation concerning imports of “PVC Suspension Grade Resin” into India from Japan under India-Japan Comprehensive Economic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017.
B. Procedure
4. Post initiation, the Director General had sent copies of the initiation notification to the Central Government in the Ministry of Commerce and Industry and other Central Ministries concerned; Government of Japan through the Embassy of Japan in India; the known producers and exporters in the subject country and known importers and other interested parties as mentioned in the application, in accordance with Rule 5(2) of the said Rules and requested them to make their views known in writing within 30 days from the date of initiation notification.
5. The Director General provided a copy of the non-confidential version of the application to the Central Government in the Ministry of Commerce and Industry and other Central Ministries concerned; Government of Japan through its Embassy in India and the known producers and exporters in the subject country in accordance with the Rule 5(3) of the said Rules.
6. The Director General granted extension to file questionnaire response by 1st November, 2020, which was placed in the public domain through DGTR’s website.
7. In response to the initiation notification, exporters/producers from the subject country and importers/users in India responded to the Director General by filing questionnaire response and legal submissions.
8. The Director General requested the interested parties to circulate the non-confidential version of their responses and submissions to the other interested parties.
9. The Director General scheduled an Oral Hearing on 10th March, 2021 to hear the views of all the interested parties.
C. Request received from the Domestic Industry (DI)
10. Vide mail dated 8th March, 2021, the DI informed the Director General that the applicant companies have decided to withdraw the present application in view of material changes in market situation in the recent period with a liberty to the domestic industry to file the application again in future.
11. On receipt of the request to withdraw the application, the Director General cancelled the Oral Hearing vide notice dated 9th March, 2021.
D. Examination by the Director General
12. The request made by the domestic industry, vide its mail dated 8th March, 2021, has been examined. Director General notes that there is no specific provision in the Bilateral Safeguard Rules for termination of an investigation. Request for termination of the investigation has been received from the affected domestic industry at whose instance the investigation was initiated.
E. Conclusion
13. In view of the aforesaid request made by the applicants, the Director General hereby terminates the investigation initiated on 8th September, 2020 vide Notification No. 20/6/2020- DGTR.
