DGTR Initiates of Sunset Review investigation concerning imports of Cold-Rolled Flat Products of Stainless Steel of width 600 mm to 1250 mm and above 1250mm of non bonafide usage originating in and exported from China PR, Korea, European Union, South Africa, Taiwan, Thailand and USA (30.09.2020)

Product description – The product under consideration (PUC) is “Cold-rolled Flat products of stainless steel of width 600 mm to 1250 mm (width tolerance of +30 mm for Mill Edged and +4mmfor Trimmed Edged) and of width above 1250 mm for non bonafide uses; of all series not further worked than Cold rolled (cold reduced); with a thickness of up to 4mm; excluding the following:

  1. Grades AISI 420 high carbon,443,44l, EN 1.4835, 1.4547, 1.4539, 1.4438,1.4318, 1.4833 and EN 1.4509;
  2. Product supplied under Indian Patent No. 223848 in respect of goods comprising Low Nickel containing Chromium-Nickel Manganese-Copper Austenitic Stainless steel and representing Grades YU I and YU 4, produced and supplied by A4/s Yieh United Steel Corp (Yusco) of Chinese Taipei (Taiwan).
  3. Further, the product under consideration excludes the following:
    1. an importer who imports the subject goods for end use in the same form without slitting; or
    2. slitted it into 2 or more subject goods i.e. sizes above I250 mm (for example a 2600 mm piece slitted into two I300 mm size pieces),

Provided that the importer followed the procedure set out in the Customs (import of Goods at Concessional Rate of Duty) Rules, 2017

HS Codes – TheProduct under consideration is classified under Chapter 72 of the Customs Tariff Act, 1975 under the Sub-heading 7219.31, 7219.32, 7219.33, 7219.34, 7219.35 and 7219.90. The customs classification is indicative only and in no way binding on the scope of the present investigation.

Uses – The subject goods are used for manufacturer of white goods, processed equipment, dairy equipment, automotive components, rail carts, metro coaches, architecture, building and construction, etc.  

Countries involved – Peoples Republic of China, Republic of Korea, the European Union, South Africa, Chinese Taipei, Thailand and the United States of America

Applicants – M/s Jindal Stainless (Hisar) Limited, M/s Jindal Stainless Limited and Jindal Stainless Steelway Ltd.

Period of investigation – April 2019 – March 2020

Injury period – 2016-17, 2017-18, 2018-19 and 2019-20

Past investigations involving the product – Antidumping duty was imposed in the original investigation vide Notifications No. 14/2010-Customs, dated 20th February, 2010. A Mid term review investigation was conducted, and the changes recommended by the DGTR was notified by Ministry of Finance vide Customs Notification No. 86/2011 dated 6.9.2011. Pursuant to sunset review investigation conducted on the subject goods from subject countries, anti-dumping duties were extended by Ministry of Finance vide Custom Notification 61/20l5 dated 11th December, 2015. An anti-circumvention investigation was conducted and the Authority recommended extension of anti-dumping duties on imports of Cold Rolled Flat products of width more than 1250 mm vide Notification No 14/1/2014-DGAD dated 18th August,2017. The duty was implemented by the Ministry of Finance vide Notification No 52/2017-Customs (ADD) dated 24th October,2017. Further, since the duties were imposed prospectively, the applicants approached the CESTAT and requested for imposition of duty retrospectively. CESTAT, vide order no order No. 51204-5120512019 dated 12th September, 2019 remanded back the matter only for the purpose of deciding whether the duty can be imposed retrospectively. The final findings are awaited.

Facts of the present case – The present application was filed pursuant to an application filed by the domestic industry on the grounds of likelihood of continuation or recurrence of dumping and injury. The volume of imports declined after anti-circumvention investigation on subject goods. However, the volume has increased again over the injury period. The performance of the domestic industry improved in POI, however, the level of profits and ROI continues to remain below reasonable level. The domestic industry still remains vulnerable to injury. The DGTR on the basis of the prima facie evidence submitted by the domestic industry, initiated the in Sunset review investigation to review the need for continued imposition of the duties in force in respect of the subject goods.

Consumer sector – The consumers of the product would primarily be anyone related to processed equipment, dairy equipment, automotive components, rail carts, metro coaches, architecture, building and construction.