India to probe subsidised stainless steel imports from China, Vietnam

F.

Domestic Industry 10. The application has been filed by Stainless Steel Pipe and Tubes Manufacturer Association, New Delhi and Stainless Steel Pipes & Tubes Manufacturers Association, Ahmedabad, South India Stainless Steel Pipe and Tubes Manufacturer Association and Haryana Stainless Steel Pipe and manufacturer Association. As per the evidence available on record, the production of applicants accounts for a major proportion of the total domestic production. The applicants thus satisfy the requirements of Rule 2(b) and Rule 6(3) of the Rules and accordingly constitute the “domestic industry” within the meaning of Rule 2(b) of Rules supra. G. Product under consideration 11.11. The product under consideration is “Welded Stainless Steel Pipes and tubes”, classifiable under various tariff sub-headings No. 73064000, 73066110, 73061100, 73062100. H. Like Articles 12. The applicants have claimed that the goods produced by the domestic industry are like articles to the subject good originating in or exported from subject countries. It has been stated that there is no significant difference in the subject goods produced by the applicants and those exported from subject countries. The applicants claim that the two are technically and commercially substitutable. For the purpose of present investigation, the subject good produced by the domestic industry are being treated as ‘like articles’ of the subject good imported from subject countries. I. Countries involved 13. The country involved in the present investigation is People’s Republic of China and Vietnam (also referred to as” Subject Countries”). J. Period of investigation 14. The Period of Investigation (POI) in the present investigation is April 2017-March 2018 (12 months). The injury investigation period shall cover the periods 2014- 15, 2015-16, 2016-17 and the period of investigation. K. Procedure & Submission of information 15. The exporters in the subject countries, Government of the subject countries, importers and users in India known to be concerned with the subject goods and the domestic industry are being informed separately to enable them to file all information relevant in the form and manner prescribed. Any other party interested to participate in the present investigation may also write to: The Designated Authority of Trade Remedies Department of Commerce Ministry of Commerce & Industry 4th Floor, Jeevan Tara Building, 5 Parliament Street, New Delhi – 110001 16. As per Rule 7(5) of the Rules supra, the Designated Authority is also providing opportunity to the industrial users of the product under consideration, and to representative consumer organizations who can furnish information which is relevant to the investigation regarding subsidy, injury and causal link. Any other interested party may also make its submissions relevant to the investigation within the time limit set out below. (i) Time limit 17. Any information relating to the present investigation should be sent in writing so as to reach the Authority at the address mentioned above not later than 40 (forty) days from the date of publication of this notification. The Government of China, known exporters and importers, who are being addressed separately, are however required to submit the information within 40 (forty) days from the date of the letter addressed to them separately. If no information is received within the prescribed time limit or the submitted information is incomplete, the Authority may record its findings on the basis of the facts available on record in accordance with the Rules. (ii) Submission of Information on Non-Confidential basis 18. In terms of Rule 8 of the Rules, the interested parties are required to submit nonconfidential version of any confidential information provided to the Authority. In case confidentiality is claimed on any part of the questionnaire’s response/submissions, the same must be submitted in two separate sets (a) marked as Confidential (with title, index, number of pages, etc.) and (b) other set marked as Non-Confidential (with title, index, number of pages, etc.). All the information supplied must be clearly marked as either “confidential” or “nonconfidential” at the top of each page. 19. Information supplied without any mark as “Confidential” shall be treated as nonconfidential and the Authority shall be at liberty to allow the other interested parties to inspect any such non-confidential information. Two (2) copies each of the confidential version and the non-confidential version must be submitted. 20. For information claimed as confidential; the supplier of the information is required to provide a good cause statement along with the supplied information as to why such information cannot be disclosed and/or why summarization of such information is not possible. 21. The non-confidential version is required to be a replica of the confidential version with the confidential information preferably indexed or blanked-out/summarized depending upon the information on which confidentiality is claimed. The nonconfidential summary must be in sufficient detail to permit a reasonable understanding of the substance of the information furnished on confidential basis. However, in exceptional circumstances, party submitting the confidential information may indicate that such information is not susceptible of summary; a statement of reasons why summarization is not possible, must be provided to the satisfaction of the Authority. 22. The Authority may accept or reject the request for confidentiality on examination of the nature of the information submitted. If the Authority is satisfied that the request for confidentiality is not warranted or the supplier of the information is either unwilling to make the information public or to authorize its disclosure in generalized or summary form, it may disregard such information. 23. Any submission made without a meaningful non-confidential version thereof or without a good cause statement on the confidentiality claim may not be taken on record by the Authority. The Authority on being satisfied and accepting the need for confidentiality of the information provided; shall not disclose it to any party without specific authorization of the party providing such confidential information. (iii) Non cooperation 24. In terms of Rule 7(8), in case where an interested party refuses access to or does not provide necessary information within a reasonable period, or significantly impedes the investigation, the Authority may record its findings on the basis of the facts available to it and make such recommendations to the Central Government as deemed fit. (iv) Inspection of Public File 25. In terms of Rule 7(7), any interested party may inspect the public file containing non-confidential version of the evidence submitted by other interested parties. (v) Sampling 26. In view of the potentially large number of exporting producers in the People’s Republic of China involved in this proceeding and in order to complete the investigation within the stipulated time limits, the Authority may limit the exporter(s)/ producer(s) to be investigated to a reasonable number by selecting a sample. The sampling shall be carried out, if required, in terms of Rule 17(3) of the Rules. (Sunil Kumar) Additional Secretary & Director General

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