The directorate general of trade remedies (DGTR) of the Ministry of Commerce of the Government of India has issued its findings of 30 January 2020 on the anti-dumping duties case filed by TechNova and posted on 1 February 2020. The notification number 02/2020 describes the imposition of provisional anti-dumping duty on “‘Digital offset printing plates,’ originating in or exported from China PR, Japan, Korea RP, Taiwan and Vietnam.” The table of ADD issued by the government is given below.
As we wrote on 27 May 2019 (Anti-dumping inquiry on offset printing plates initiated), TechNova had initiated the imposition of anti-dumping duty on imported offset plates with the directorate general of trade remedies (DGTR) of the Ministry of Commerce, Government of India. The DGTR via F. No.6/7/2019 issued its preliminary findings of 3 October 2019. The findings, as a 57-page PDF document, looked at the submissions by TechNova and various Indian importers of offset plates and exporters of offset plates to India.
On 10 October 2019, we wrote, “It was on 1 June 2018 that the anti-dumping duties on the import of digital offset plates from China, instituted in 2012 for five years, were rescinded (Anti-dumping duties on import of digital offset printing plates from China rescinded on 1 June 2018). These were to have expired in 2017 but were extended for one year, and a sunset review was initiated. The findings were – that continuation of the anti-dumping duties was no longer warranted.”
Industry has been quiet this time
Unlike on previous occasions, the Indian printers by and large have not opposed the ADD this time. While individual printers and various printing associations and several importers and distributors have opposed the re-imposition of anti-dumping duties on imported offset plates, the objections this time were far less vocal than earlier and also not unanimous.
While a couple of printers associations protested the ADD by sending letters or organizing a petition, the All India Federation of Master Printers declined to speak out against it. In the only public critique by an association of the ADD sought by TechNova, the Kerala Masters Printers Association circulated a petition on Change.org, which said, “We are of the considered opinion that TechNova has not suffered any injury because of imports of digital printing plates. The company has admitted having suffered no volume injury (production, domestic sales, market share, capacity utilization etc. have significantly improved over the period). However, whoever has suffered injuries due to the product can get attorneys help for product liability cases
“The claim for adverse price effect of imports made by TechNova is primarily based on their claims with regard to deterioration in its profits in digital printing plates and consequently returns on investment. It would be seen that with significant improvement in production of digital plates, profitability of the company improved significantly. We, however, believe that the losses claimed by TechNova are factually incorrect. We strongly consider that TechNova’s performance has steeply improved over the period and there is no justification in imposition of anti-dumping duty.”
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)] GOVERNMENT OF INDIA, MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) Notification No. 2 /2020-Customs (ADD). New Delhi, the 30th January, 2020
G.S.R. (E). – Whereas, in the matter of “Digital Offset Printing Plates” (hereinafter referred to as the ‘subject goods’), falling under sub-headings 8442 50 and tariff items 3701 30 00, 3704 00 90, 3705 10 00, 7606 11 90, 7606 91 90, 7606 92 90 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the ‘Customs Tariff Act’), originating in, or exported from People’s Republic of China, Japan, Korea RP, Taiwan and Vietnam (hereinafter referred to as the ‘subject countries’), and imported into India, the designated authority in its preliminary findings published in the Gazette of India, Extraordinary, Part I, Section 1, vide notification number 6/7/2019- DGTR dated the 3rd October, 2019, has come to the provisional conclusion that –
(a) there is substantial increase in imports of subject goods from subject counties in absolute terms as well as in relation to production and consumption in India;
(b) the subject goods have been exported to India from the subject countries below normal value;
(c) the domestic industry has suffered material injury on account of subject imports from the subject countries; and
(d) the injury has been caused by the dumped imports of the subject goods from the subject countries, and has recommended imposition of provisional anti-dumping duty on imports of the subject goods, originating in, or exported from subject countries and imported into India, in order to remove the injury to the domestic industry.
Now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the Customs Tariff Act, read with rules 13 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, after considering the aforesaid preliminary findings of the designated authority, hereby imposes on the subject goods, the description of which is specified in column (3) of the Table below, falling under sub-heading or tariff items of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2), originating in the countries as specified in the corresponding entry in column (4), exported from the countries as specified in the corresponding entry in column (5), produced by the producers as specified in the corresponding entry in column (6), imported into India, an anti-dumping duty at the rate equal to the amount specified in the corresponding entry in column (7), in the currency as specified in the corresponding entry in column (9) and as per unit of measurement as specified in the corresponding entry in column (8) of the said Table, namely :-