Termination of sunset review anti-dumping investigation
Termination of sunset review anti-dumping investigation concerning imports of “Plain Medium Density Fibreboard having thickness 6mm and above” from Vietnam
F. No. 7/2/2021-DGTR.—A. Introduction
- Having regard to the Customs Tariff Act, 1975 as amended from time to time (hereinafter also referred as the “Act”) and the Customs Tariff (Identification, Assessment and Collection of Antidumping Duty on Dumped Articles and Determination of Injury) Rules, 1995 (hereinafter also referred as the “Rules”), thereof, Greenply Industries Limited/Greenpanel Industries Limited and Rushil Décor Limited (hereinafter also referred to as the “Applicants”) filed an application before the Designated Authority (hereinafter also referred to as the “Authority”) for initiation of sunset review investigation and extension of anti-dumping duty on imports of “Plain Medium Density Fibreboard having thickness 6mm and above” (hereinafter referred to as the “product under consideration” or the “subject goods”) originating in or exported from Vietnam (hereinafter referred to as the “subject country”).
- The Authority, based on the prima facie evidence submitted by the applicants, issued a public notice vide Notification No. 7/2/2021-DGTR, dated 7th June, 2021 published in the Gazette of India, initiating the subject investigation in accordance with Section 9A(5) of the Act read with Rule 23(1B) of the Rules to review the need for continued imposition of the duties in force in respect of the subject goods originating in or exported from the subject country and to examine whether the expiry of such duty is likely to lead to continuation or recurrence of dumping and injury to the domestic industry.
B. Procedure - The Authority notified the Embassy of the subject country in India about the receipt of the present anti-dumping application before proceeding to initiate the investigation in accordance with Rule 23(1B) of the Rules.
- The Authority issued a public notice dated 7th June, 2021 published in the Gazette of India Extraordinary, initiating the sunset review investigation concerning imports of the subject goods.
- The Authority sent a copy of the initiation notification dated 7th June, 2021 to the Embassy of the subject country, known producers / exporters form the subject country, known importers / users and the domestic industry as well as other domestic producers as per the addresses made available by the Applicants and requested them to make their views known in writing within the prescribed time limit.
- The Authority provided a copy of the non-confidential version of the application to the known producer / exporters and to the Embassy of the subject country in India in accordance with Rule 6(3) of the Rules.
- The Embassy of the subject country in India was also requested to advise the exporters / producers from their country to respond to the questionnaire with the prescribed time limit. A copy of the letter and questionnaire sent to the producers / exporters was also sent to them along with the names and addresses of the known producers / exporters from the subject country.
- In response to the initiation notification, the producers / exporters from the subject country responded to the Authority by filing questionnaire response.
C. Request received from the domestic industry - The Authority has received a letter dated 1st September, 2021 from the Association of Indian Panel Board Manufacturer on behalf of domestic industry, with a request for withdrawal of their petition and has accordingly requested termination of the present investigation as per Rules.
D. Examination by the Authority - The request made by the domestic industry, vide letter dated 1st September, 2021 has been examined.
The Authority notes that Rule 14 (a) of the Rules reads as under:
“The designated authority shall, by issue of a public notice, terminate an investigation immediately if –
(a) it receives a request in writing for doing so from or on behalf of the domestic industry affected, at whose instance the investigation was initiated;” - It is noted that Rule 14(a) of the Rules provides that the Authority shall, by issue of a public notice, terminate an investigation if it receives a request in writing for doing so from or on behalf of the domestic industry affected, at whose instance the investigation was initiated.
- The present investigation was initiated based on an application filed by Greenply Industries Limited/Greenpanel Industries Limited and Rushil Décor Limited constituting domestic industry.
The domestic industry has made a written request to treat the application as withdrawn.
E. Conclusion - In view of the aforesaid request made by the domestic industry, the Authority hereby terminates the investigation initiated vide Notification No. 7/2/2021-DGTR, dated 7th June, 2021 against the imports of “Plain Medium Density Fibreboard having thickness 6mm and above” from Vietnam in terms of Rule 14(a) of the Rules.