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Anti-dumping investigation concerning imports of Vitamin-C from China PR & Japan — Final Findings

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....the Rules (hereinafter referred as Authority) notified preliminary findings in the anti-dumping investigation concerning imports of Vitamin-C from People Republic of China and Japan vide Notification No. 10/1/97-ADD, dated 11th March, 1998, and requested the interested parties to make their views known in writing within 40 days from the date of its publication. (ii) Forwarding a copy of the Preliminary Findings, all known interested parties were requested to furnish their views, if any, on the Preliminary Findings within 40 days of the date of the letter; (iii) The Authority also forwarded a copy of Preliminary Findings to the Embassy of People Republic of China (hereinafter referred to as China and Embassy of Japan in New....

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....ry Findings have also not been repeated for the sake of brevity; (vii) The investigations have been concluded within the time limit of one year from the date of initiation. B. Petitioner's views 2. The petitioner made the following submissions on the Preliminary Findings : (i) Imposition of provisional anti-dumping duty on imports originating or exported from China and Japan is not adequate to protect the interest of the domestic industry; (ii) The customs duty during the period of investigation was 42% whereas the duty was reduced to 35% subsequently; (iii) The quantum of Vitamin C exported by China and Japan into India has substantially increased in the post investigation period; (iv) Bot....

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.... Exporters None of the exporters have chosen to respond to the preliminary findings. However, M/s. Takeda Vitamins and Food Asia Pvt. Ltd., Singapore and M/s. Hebei Welcome Pharma Co., China requested for deferment of the oral hearing scheduled on 4th May, 1998; II. Importers and other interested party 4. M/s. Dilip Kumar and Co. (i) Authority has totally neglected the fact that production of M/s. Ambalal Sarabhai Enterprises of 454 MT is considered internationally uneconomical and unviable capacity for production of Vitamin C. This capacity cannot be compared with other international makers; (ii) The total demand for Vitamin C in Indian market is almost 3 times production capacity of Ambalal Sarabhai. In order to....

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....ave stated that Anti-dumping Duty is essential otherwise other units will also meet the same fate as Jayant Vitamins which has suspended production; D. Examination by the authority 6. The submissions made by the petitioner, exporters, importers and other interested parties have been examined and considered and, wherever appropriate, have been dealt hereinafter : (i) Exporters directly and through the Embassies of China and Japan were given ample opportunity to file their view on preliminary findings but none of them responded. The Authority, therefore, has to go by the facts on the basis of best available information. (ii) The export price, as indicated in the Preliminary Findings notified on 11-3-1998 has been deter....

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....rties after the Preliminary Findings and, therefore, after considering the interest of Indian industry and taking into account various factors relating to dumping, injury and its causal link confirms the findings as brought out in the Preliminary Findings notified on 11-3-1998 and concludes that : (i) exporters from People's Republic of China have sold Vitamin C in India below the normal value; (ii) Exporters from Japan have sold Vitamin C in India below normal value; (iii) The Indian industry has suffered material injury; (iv) and that imports caused material injury to Indian industry; 9. As regards to request by exporters/producers regarding deferment of oral hearing the Authority considered and this....