ISLAMABAD: Due to a weak causal link between dumped imports and damage to the domestic industry, the National Tariff Commission (NTC) has said that there is no need to impose definitive anti-dumping duties on three Chinese exporters/producers (whose dumping margins are above de minimis levels).
A source in the Commerce Ministry told Customs Today that the NTC came to the final determination without imposition of definitive anti-dumping duty after analysis of dumping, material injury and causation.
The NTC had initiated an anti-dumping investigation in June 2012 under Section 23 of the Anti-Dumping Duties Ordinance 2000.
The source said that a Lahore-based company filed an application in this regard, while a Faisalabad-based company, on behalf of the polyester staple fibre industry, became a respondent and argued that according to Sections 20 and 24 of the ordinance the two percent duty was not illegal.
The source said the NTC observed that 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. Therefore, PSF not exceeding 2 denier exported by the exporters/ producers from China was classified under Pakistan Customs Tariff.
The source said the NTC established that the investigated product and PSF produced by the domestic industry were produced with similar manufacturing process, and with the same/similar raw materials, therefore, both products had the same physical characteristics, usage, and tariff classification, so the investigated product and PSF produced by the domestic industry were “like products”.
He also said normal value and export price of the investigated product for the exporters/producers who cooperated and furnished necessary information had 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,” the source added.
He said that the Commerce Ministry had been told that individual dumping margins of 11 Chinese exporters/producers had been calculated in accordance with the ordinance by comparing the weighted average normal value at ex-factory level with the weighted average export price at ex-factory level of investigated product, which works out from -18.15% to 7.95%.
However, the source added that the ministry was told that the NTC established that the domestic industry did not suffer material injury on account of dumped imports as the share of dumped imports in total imports as well as in domestic market remained quite low during the POI.
“Therefore, any injury to the domestic industry on account of price suppression; decline in market share; decrease in sales; decrease in profits, return on investment and negative effects on cash flows etc was due to factors other than dumped imports, and there is weak causal link between dumped imports from China and injury to the domestic industry,” he added.
