The National Tariff Commission (NTC) has imposed 'provisional' anti-dumping duty on imported goods from LG International Company of Korea and Iran's Petrochemical Commercial Limited (equal to the amount of dumping margin established) on dumped imports of PVC resin (suspension grade) @ 40.18 percent and 31.06 percent ad val of C & F price.
The NTC initiated an investigation of dumping into Pakistan of PVC resin (suspension grade) by exporters from Korea and of Iran on June 25, 2004.
This investigation had been initiated in response to an application filed with the Commission by a domestic producer of Pakistan of PVC resin (suspension grade) ie, Engro Asahi Polymer and Chemicals Limited, Karachi, on behalf of domestic industry under Pakistan Anti-Dumping Duties Ordinance, 2000.
The Commission examined and analysed the information received from all interested parties to the investigation and made a preliminary determination pursuant to which provisional anti-dumping has been imposed.
The Commission made a preliminary determination that PVC resin (suspension grade) classified under Pakistan Customs Tariff ("PCT") Code 3904,100 was exported to Pakistan at dumped prices by exporters from Korea and Iran and that such dumping had caused material injury to domestic industry of Pakistan.
Producers/exporters of PVC resin (suspension grade) other than those identified from Korea and Iran would not be subject to the provisional anti-dumping duty.
As required by law, the Commission, after the imitation of investigation sent Questionnaires to the Korean and Iranian exporters and producers, alleged by the applicant to by involved in dumping of PVC resin (suspension grade) into Pakistan, and importers of the investigated product, asking them to provide information within the statutory time period of 37 days. Korean exporter/producer did not respond to the Questionnaire.
However, the Iranian exporter/producer responded to the Questionnaire and provided information/data necessary for this investigation. None of Pakistani importers responded to the Questionnaire.
The officers of the Commission carried out on the-spot investigation at the premises of the domestic industry and at the premises of the Iranian exporter/producer to verify the information/data provided by them and to obtain further information.
After the preliminary determination, the Ordinance provides opportunity to interest parties (which ordinarily include exporters, importers and the domestic industry) to present their views in a hearing if the interested parties so desire. Interested parties can also submit post-hearing briefs containing their views on a particular issue or issues to the Commission.
The Ordinance provides that the finding is subject to review by the Commission at any time after two years.
The law also requires that a notice of preliminary/final determination be published in the official Gazette and in one leading Urdu and one leading English newspaper.
Such notice contains, besides the name of exporters and description of investigated product, the amount of dumping margin found to exist and the basis for such determination and the factors that have led to determination of injury. These are the requirements of the Ordinance as well as WTO's Agreement on Implementation of Article VI of GATT 1994 to which Pakistan is a signatory.
The Ordinance also provides for an appeal process, ie, if any of the interested parties is not satisfied with the Commission's final determination and decision of imposition of definitive anti-dumping duty. It may approach the Appellate Tribunal.
The Appellate Tribunal, set up under the Ordinance, is headed by a retired Supreme Court Judge. Alternatively, any affected exporting government may, in case of positive final determination, approach the WTO Dispute Settlement Body (DSB) in Geneva and may lodge a complaint against the importing country's decision. The DSB may then set up a panel to adjudicate.
TOTAL IMPORTS OF PVC RESIN (SUSPENSION GRADE) IN THE RECENT YEARS HAVE BEEN AS FOLLOWS:
It may also be mentioned that this is the fifth anti-dumping investigation conducted under the Ordinance.
The Ordinance was promulgated in December 2000 to give effect in Pakistan to WTO Agreement on Implementation of Article VI of GATT 1994. It is pertinent to note that Pakistan is a founding member of GATT 1947, the predecessor of WTO and is also one of the original members of WTO.

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Year               Imports from     Imports from     Total Imports
                   dumped sources   sources
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2001                     0.0          450.50                450.50
2002                  337.50         1742.75               2080.25
2003                 3910.75          901.08               4811.83
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