GOVERNMENT OF INDIA
MINISTRY OF COMMERCE & INDUSTRY
(DEPARTMENT OF COMMERCE)
DIRECTORATE GENERAL OF ANTI DUMPING & ALLIED DUTIES
New Delhi, the 3rd February 2006
Subject: Anti-dumping investigation concerning imports of Nylon
Filament yarn originating in or exported from China PR, Chinese
Taipei, Malaysia, Indonesia, Thailand and Korea RP-. Preliminary
No. 14/5/2005-DGAD - Having regard to the Customs Tariff Act, 1975
as amended in 1995 and the Customs Tariff (Identification, Assessment
and Collection of Anti Dumping Duty on Dumped Articles and for
Determination of Injury) Rules (hereinafter also referred as rules), 1995,
1. The procedure described below has been followed:-
(i) On 4th July 2005, the Designated Authority (hereinafter referred to as
Authority), under the above Rules, announced a public notice (initiation
notification) publicised in the Gazette of India, the initiation of an anti
dumping investigation with regard to imports of Nylon filament yarn
originating in or exported from China PR, Chinese Taipei, Malaysia,
Indonesia, Thailand and Korea RP (hereinafter also referred to as
subject countries hereinafter). The Anti dumping proceeding was
initiated following an application received from M/s. Modipon Limited,
Modinagar, JCT Limited, Hoshiarpur, Shree Synthetics Limited, Ujjain
and Gujarat State Fertilizers Company Limited, Vadodara (the
applicants) on behalf of the domestic industry representing a major
proportion of the domestic production of said product. The application
contained evidence of dumping of the said product and of material
injury resulting there from, which was considered sufficient to justify the
initiation of the proceedings.
(ii) Before initiation, the Authority notified the Embassies of subject
countries in India about the receipt of fully documented application
made by the applicant before proceeding to initiate the investigation in
accordance with sub-rule (5) of Rule 5 supra;
(iii) According to sub rule (2) of the rule 6 supra, the Authority
forwarded copy of the said public notice to the known exporting
producers, importers, industry associations, embassies of the countries
concerned and to the applicants and gave them an opportunity to make
their views known in writing.
(iv) According to sub-rule (3) of Rule 6 supra, the Authority provided a
copy of the application to all the known exporters and Embassies of
subject countries in India. According to sub-rule (4) of Rule 6 supra, the
Authority provided a copy of the relevant questionnaire to all the known
exporters and Embassies of subject countries in India and other
interested parties. The Embassies of subject countries in New Delhi
were also informed about the initiation of investigation and requested to
advise the exporters/producers from their countries to respond to the
questionnaire within the prescribed time
(v) The Authority sent questionnaires, to elicit relevant information, to
the following known exporters from subject countries.
P.T Kolon Ina.
PT GT Petrochem Industries TBK
P T Evershineetex
PT. Gema Nusa Perkasa
P.T. Toray Industries Indonesia (TIN)
61-62, Jakarta 12069,
Shinta Nylon Utama.,
Siam Tyre Cord Co., Ltd.
Thai Baroda Industries Limited
Asia Fiber Public Company Ltd.
Thai Taffeta Company Ltd
Bangkok ,10110 Thailand
Kolon Nanjing Co.,Ltd.
Jiangsu Province, China
Xiamen TongLun Industrial Co.,Ltd.
Wu Jiang Heng Yu Textile Co.,Ltd,
Jinan Juda Fiber Co Ltd,
Jinan Shandong, 250100-
Guangdong Xinhui Meida Nylon Co. Ltd;
SHANDONG DACHENG CHEMICAL INDUSTRY GROUP
26 ZIBO SHANDONG
BASF-Huayuan Nylon Co.,Ltd.
Qingdao Zhongtai Group Company
Gaoyao Huajin Group Co., Ltd
FORMOSA Company Limited
640 TAIWAN R.O.C
Acelon Chemicals & Fiber Corporation
CHUNG SHING TEXTILE CO.,LTD
ZIG SHENG INDUSTRIAL CO., LTD
TAIPEI , TAIWAN
FU-TA TEXTILE CO., LTD.
Taichung Hsien Taiwan
Seoul, 100-110, South Korea
(vi) Eight exporters/producers have responded to the exporter’s
questionnaire in a substantial manner and notice of initiation:
1. M/s. Jinan Juda Fiber Co Ltd,
Jinan Shandong, 250100-
2. M/s. TKI, Korea RP
3. HYOSUNG Corporation, Korea RP.
4. Hualon Corporation
5. M/s. Suntex, Taiwan
6. M/s. Li Peng Enterprise Co., Taiwan
7. M/s. Asia Fibres
8. M/s. Thai Taffeta Company Ltd
Bangkok ,10110 Thailand
In addition to above, M/s. Kolon Industries, Korea and M/s.
Thai Synthetic Fiber Manufacturers Association, Thailand, have
also submitted responses to the notice of initiation.
(vii) A copy of initiation notification along with the importers
questionnaire were also sent to the various importers which were
listed in the application. However, response in the form and manner
of importers questionnaire has been received only from M/s Sky
Industries, Mumbai and M/s Spica elastic private Ltd, Pune.
(viii) None of the other importers have also responded to the
importers questionnaire as per the details asked. However, a few
importers and users association namely Federation of Indian art
Silk Weaving Industry, Mumbai (FIASWI) have responded to the
initiation notification and they have submitted some comments,
which have been taken into account subject to their being relevant
to the investigation.
(ix) The Authority kept available non-confidential version of the
evidence presented by various interested parties in the form of a public
file maintained by the Authority and kept open for inspection by the
(x) **** in this notification represents information furnished by the
interested parties on confidential basis and so considered by the
Authority under the Rules;
(xi) The investigation of dumping and injury covered the period from 1st
January 2004 to 31st December 2004 (Also called the period of
investigation or POI). The examination of trends in the context of injury
analysis covered the period from 1st April 2001 to the end of period of
investigation. (Also called Injury period).
(xii) The Authority sought and verified all the information it deemed
necessary for the purpose of preliminary determination of dumping and
resulting injury. The Authority conducted on the spot investigation of
the domestic industry to the extent considered necessary. The cost of
the production of the domestic industry was also analysed to work out
the best cost of the production and the cost to make and sell the subject
goods in India on the basis of Generally Accepted Accounting
Principles based on the information furnished by the applicants so as to
ascertain if anti Dumping duty lower than dumping margin would be
sufficient to remove injury to the domestic Industry.
(xiii) Copies of initiation notice were also sent to FICCI, CII,
ASSOCHAM etc., for wider circulation.
B. Product under Consideration.
2. The product under consideration in the present investigation
is Synthetic Filament Yarn of Nylon also known as Polyamide
Yarns (also described as Nylon Filament Yarn and also referred to
as subject goods). Nylon Filament Yarn is a synthetic filament yarn
produced by polymerization of organic monomers.
3. The product under consideration includes all kinds of
synthetic filament yarns of Nylon or Polyamides, other than sewing
thread, such as flat yarn - twisted and/or untwisted, fully drawn yarn
(FDY), spin drawn yarn (SDY), fully oriented yarn (FOY), high
oriented yarn (HOY), partially oriented yarn (POY), textured yarn –
twisted and/or untwisted, and dyed yarn, single, double, multiple,
folded or cabled, classifiable within Chapter 54 under customs
subheading no. 5402, but excludes high tenacity yarn of nylon or
other polyamides. The product includes all variants of Nylon
Filament Yarn or Polyamide Yarns such as
flat/textured/twisted/untwisted, bright/semi-dull/full-dull (or variants
thereof), grey/coloured/dyed (or variants thereof),
single/double/multiple/folded/cabled (or variants thereof), whether
or not sized, but excludes high tenacity yarn of nylon classifiable
under customs sub-heading 5402.10. The Authority considers it
appropriate to exclude fishnet yarn, classifiable under customs
classification no. 5402.10 beyond the scope of the subject goods,
as they are high tenacity yarns. Accordingly, all types of high
tenacity nylon filament yarn, classifiable under customs
classification no. 5402.10 are beyond the scope of present
investigations pending further investigations. The Customs
classification, however, is indicative only and is in no way binding
on the scope of the present investigation. With regard to the claim
of the association (FIASWI) t