Sunset Review Anti-Dumping investigation concerning imports of All Fully Drawn or Fully Oriented Yarn/ Spin Drawn Yarn/ Flat Yarn of Polyester originating in or exported from China PR and Thailand.

MINISTRY OF COMMERCE AND INDUSTRY
(Department of Commerce)
(DIRECTORATE GENERAL OF TRADE REMEDIES)
NOTIFICATION
New Delhi, the 23rd November, 2020
FINAL FINDINGS
Case No. SSR-06/2020

Subject : Sunset Review Anti-Dumping investigation concerning imports of All Fully Drawn or Fully Oriented Yarn/ Spin Drawn Yarn/ Flat Yarn of Polyester originating in or exported from China PR and Thailand.
F. No. 7/9/2020-DGTR.—A. BACKGROUND

1. Having regard to the Customs Tariff Act, 1975, as amended from time to time (hereinafter 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 thereof, as amended from time to time (hereinafter referred to as the ―Rules‖), the Designated Authority (hereinafter referred to as the ―Authority‖) had initiated the original anti-dumping investigation in respect of the imports of All Fully Drawn or Fully Oriented Yarn/ Spin Drawn Yarn/ Flat Yarn of Polyester (hereinafter referred to as the ―subject goods‖ or ―Product Under Consideration‖ or ―PUC‖) originating in or exported from China PR and Thailand on 6th May, 2008. Preliminary anti-dumping duties (ADD) were recommended vide Notification No. No.14/3/2008-DGAD dated 23rd January, 2009 and imposed vide Notification No. 29/2009-Customs (ADD) dated 26th March, 2009. Thereafter, definitive ADD were recommended for imposition on China PR and Thailand vide Notification No. No. 14/3/2008-DGAD dated 29th September, 2009 and the same were imposed vide Notification No. 124/2009-Customs (ADD) dated 11th November, 2009. A Sunset Review (SSR) investigation was initiated vide Notification No. 15/03/2014- DGAD dated 24th March, 2014. The extension of ADD was recommended vide Notification No. 15/03/2014-DGAD dated 22nd September, 2015 and the same was imposed by the Central Government vide Notification No. 51/2015-Customs (ADD) dated 21st October, 2015.

2. Whereas, in terms of the Act and the Rules, the ADD imposed shall, unless revoked earlier, cease to have effect on the expiry of five years from the date of such imposition.

3. And, notwithstanding the above provision, the Authority is required to review, on the basis of a duly substantial request made by or on behalf of the domestic industry within a reasonable period of time prior to the date of the expiry of the measure, as to whether the expiry of duty is likely to lead to continuation or recurrence of dumping and injury.

4. And, whereas, in terms of the above provisions, the Association of Synthetic Fibre Industry (hereinafter also referred to as the -Applicant‖ or ―Domestic Industry‖) has filed an application before the Authority in accordance with the Act and the Rules, for initiation of an SSR investigation against imports of the subject goods originating in or exported from the subject countries, and requested for extension of ADD. The request is based on the grounds that dumping has continued in spite of the imposition of ADD on the import of the subject goods from the subject countries and the domestic industry continues to suffer injury on account of dumping from the subject country. The Applicant has further argued that the expiry of the measure against the subject countries is likely to result in continuation or recurrence of dumping and injury to the Domestic Industry.

5. Whereas, the Authority, on the basis of prima facie evidence submitted by the Applicant, issued a public notice vide Notification No. 7/9/2020-DGTR dated 15th April, 2020 published in the Gazette of India, Extraordinary, initiating the subject investigations in accordance with Rule 6(1) of the Rules to examine as to whether the expiry of ADD is likely to lead to continuation or recurrence of dumping and injury to the Domestic Industry.

6. After the initiation of the subject investigation, the Central Government issued its Notification No 32/2020-Customs (ADD) dated 19th October, 2020 extending the ADD in force on the import of the subject originating in or exported from the subject country up to 30th November, 2020.

7. The scope of the present review covers all aspects of the previous investigations concerning imports of the subject goods, originating in or exported from the subject countries. B. PROCEDURE

8. The procedure described herein below has been followed by the Authority with regard to this subject investigation:

i. The Authority notified the Embassies of the subject countries in India about the receipt of the present application before proceeding to initiate the investigations in accordance with sub-rule 5(5) of the AD Rules.

ii. The Authority issued a Notification dated 15th April, 2020, published in the Gazette of India Extraordinary, initiating an investigation concerning imports of the subject goods from the subject countries.

iii. The Authority sent a copy of the initiation notification to the embassies of the subject countries in India, known producers/exporters from the subject country, known importers/users and the Domestic Industry as well as other domestic producers as per the addresses made available by the applicant and requested them to make their views known in writing within 60 days of the initiation notification in accordance with Rule 6(2) of the Rules.

iv. The Authority provided a copy of the non-confidential version of the application to the known producers/exporters, known importers and to the embassies of the subject countries in India in accordance with Rule 6(3) of the Rules.

v. The Authority sent exporter‘s questionnaire to the following known producers/exporters in the subject country, whose details were made available by the applicant, to elicit relevant information in accordance with Rule 6(4) of the Rules:

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