Pakistan has imposed provisional anti-dumping duty, ranging between 2.09 percent to 8.82 percent on the import of Polyester Staple Fibre (PSF) from China with effect from December 21, 2012 to April 20, 2013. Official sources told Business Recorder on Saturday that National Tariff Commission (NTC) has imposed anti-dumping duty on the import of PSF from China.
In this connection, the NTC has requested the FBR to immediately start collection of anti-dumping duty on the import of PSF at all ports. According to the official, NTC upon an application filed by the domestic industry manufacturing PSF, initiated anti-dumping investigation against alleged dumping of PSF from China on June 26, 2012, under the Anti-dumping Duties Ordinance, 2000.
Consequent to the preliminary findings of the investigation, the commission has made a preliminary determination. Accordingly, the NTC, in terms of Part II and Part XI of the Ordinance, has imposed provisional anti-dumping duties on imports of PSF from China, classified under Pakistan Customs Tariff (PCT) No 5503.2010 at the following rates: Exporter/foreign producer name Unisky Shanghai (HK) Limited, the duty rate would be 2.95 percent; Zhangjiagang Chengxin Chemical Fibre Co Ltd, 4.49 percent; Jiangyin Huahong Chemical Fibre Co Ltd, 5.14percent; Nanyang Textile Co Ltd, 2.09 percent; Suzhou Rizhongtian Chemical Fibre Co Ltd, 7.37percent; Jiangsu Xinsu Chemical Fiber Co Ltd, 0.00percent; Jiangsu Huaxicun Co Ltd, 0.00 percent; Shanghai Hengyi Polyester Fibre Co Ltd, 0.00 percent; Jiangyin Hailun Chemical Fibre Co Ltd, 0.00 percent; Jiangyin Huafang Technological Synthetic Fibre Co Ltd, 0.00 percent; Suzhou Guoxin Group Tai Cang Sun-Rising IMP & EXP Co Ltd, 0.00percent and other exports of PSF from China are subjected to anti-dumping duty of 8.82 percent.
Official said the provisional anti-dumping duties are levied for a period of four months with effect from December 21, 2012 to April 20, 2013. The NTC has further asked the FBR to collect the provisional anti-dumping duties as per the rates given by the NTC. The sub-section (1)(c) of Section 51 of the Ordinance requires that the anti-dumping duties imposed shall be collected in the same manner as customs duties are being collected under Customs Act, 1969. The duties so collected shall be deposited under the head "Civil Deposits" for further deposit in National Tariff Commission's Non-lapsable PLD Account No 187 established with the Federal Treasury Office Islamabad. The provisional anti-dumping duties levied would be in addition to other anti-dumping duties imposed earlier and taxes and duties levied under any other law, official added.
The NTC has also issued notice of the preliminary determination and levy of provisional anti-dumping duty on dumped imports of polyester staple fibre into Pakistan Originating in and/or exported for China. According to the NTC's notice, the NTC initiated an anti-dumping investigation on June 26, 2012 under Section 23 of the Anti-Dumping Duties Ordinance, 2000 (the "Ordinance") after establishing that the application lodged
by Messrs ICI Pakistan Limited, Lahore and Ibrahim Fibres Limited, Faisalabad (Applicants) on behalf of the domestic industry manufacturing Polyester Staple Fibre not exceeding 2 denier ("PSF") was in accordance with Sections 20 and 24 of the Ordinance. In accordance with the provisions of the Ordinance and the Anti-Dumping Duties Rules, 200 1 (the "Rules"), the Commission has, after investigation, determined the following on a preliminary basis:
Exporters and Foreign Producers: The applicants identified a number of exporters/producers involved in the alleged dumping of PSF from China, however, 12 exporters/producers responded to the Commission's request for information/data and furnished information for the purpose of this investigation. Product under Investigation: PSF not exceeding 2 denier exported by the exporters/producers from China is the product under investigation ("Investigated Product"). It is classified under Pakistan Customs Tariff ("PCT") No 5503.2010.
Like Product: The Commission's investigation has established that the investigated product and PSF produced by the domestic industry are produced with similar manufacturing process, and with the same/similar raw materials. Both products have the same physical characteristics, usage, and tariff classification. Thus, it is provisionally established that the investigated product and PSF produced by the domestic industry are "like products". Period of Investigation ("POE"): For investigation of dumping: From April 01, 2011 to March 31, 2012. For investigation of injury: From April 01, 2009 to March 31, 2012.
Determination of Dumping: Normal value and export price of the investigated product for the exporters/producers who co-operated and furnished necessary information have been determined in accordance with Sections 5, 6 and 10(1) of the Ordinance, respectively, on the basis of the information provided by these exporters/producers in response to the Commission's questionnaire. Dumping margin for all other exporters from China, who did not cooperate, is determined on the basis of best information available in terms of Section 32 of the Ordinance.
Dumping Margin: Dumping margins have been calculated in accordance with Section 12(1), of the Ordinance by comparing the weighted average normal value at ex-factory level with the weighted average export price at ex-factory level. Injury to the Domestic Industry: Injury to the domestic industry has been determined in accordance with Part VI of the Ordinance. The Commission has on preliminary basis established that the domestic industry suffered material injury on account of increase in dumped imports in absolute terms as well as relative to the domestic production of PSF; significant price suppression; loss in market share; significant decrease in sales; decrease in profits and profitability, and negative effects on cash flows, production and capacity utilisation, and employment and wages. The NTC has also examined factors other than dumped imports, which were causing injury to the domestic industry.
Imposition of Provisional Anti-Dumping Duty: In reaching this preliminary affirmative determination, the Commission is satisfied that the investigated product has been imported from China at dumped prices. This has caused material injury to the domestic industry producing PSF during the POI. In order to prevent material injury during the course of this investigation, the Commission, pursuant to the powers conferred upon it under Section 43 of the Ordinance, has decided to impose provisional anti-dumping duty at the rates mentioned below on C&F value in ad val. terms on imports of PSF not exceeding 2 denier importable from China for a period of four months effective from December 21, 2012, on the following exporters/producers:
Unisky Shanghai (HK) Limited, Provisional Anti-Dumping Duty Rate, 2.95percent; Zhangjiagang Chengxin Chemical Fibre Co Ltd, 4.49percent; Jiangyin Huahong Chemical Fibre Co Ltd, 5.14percent; Nanyang Textile Co Ltd, 2.09percent; Suzhou Rizhongtian Chemical Fibre Co Ltd, 7.37percent and others would be subjected to Anti-Dumping Duty Rate of 8.82 percent.
The commission has not imposed anti-dumping duty on the following Chinese exporters/producers as they were found either not to have dumped or their dumping margin was found to be de minimis (less than 2percent) in terms of Section 41 of the Ordinance during the POI: Jiangsu Xinsu Chemical Fibre Co Ltd; Jiangsu Huaxicun Co Ltd; Shanghai Hengyi Polyester Fibre Co Ltd; Jiangyin Hailun Chemical Fibre Co Ltd; Jiangyin Huafang Technological Synthetic Fibre Co Ltd and Suzhou Guoxin Group Tai Clang Sun-Rising IMP & EXP Co Ltd.
The notice of the NTC further said that the provisional anti-dumping duties shall take the form of security by way of cash deposit in the Commissions Non-lapsable PLD Account No 187 with Federal Treasury Office Islamabad. Provisional anti-dumping duties would be collected in the same manner as customs duty under the Customs Act, 1969.
Disclosure meeting: Pursuant to Rule 11 of the Rules, the exporters/producers of the investigated product may request for a disclosure meeting within 15 days of the date of publication of this notice. Hearing: Any party registered as an interested party in this investigation may, if it so wishes, request a hearing in accordance with Rule 14 of the Rules within 30 days of the publication of this notice by contacting Secretary, National Tariff Commission, State Life Building No 5, Blue Area, Islamabad.
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