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Shardul Nautiyal, Mumbai May 31 , 2023
The Director General of Foreign Trade (DGFT) will be hearing the anti-dumping investigation concerning imports of “Vitamin- A palmitate” originating in or exported from China PR, the European Union (EU) and Switzerland on June 1, 2023 at 2:30 PM (IST) through digital video conferencing.

The applicant “Piramal Pharma Limited” has alleged that injury to the domestic industry is being caused due to dumped imports of the subject goods originating in or exported from the subject countries and has requested for the imposition of anti-dumping duty on the imports of the subject goods originating in or exported from the subject countries.

The applicant has claimed that it is the sole producer of the subject goods in India. The ownership of both the plants as on the date of the filing of the petition and initiation of the investigation was with Piramal Pharma Limited. Therefore, Piramal Pharma Limited has been considered as the domestic industry for the purpose of the initiation of investigation.

The petitioner “Piramal Pharma Limited” has also submitted that the product under consideration” or the “PUC” or the “subject goods” “Vitamin- A palmitate” is used in a wide variety of intermediate products falling under various sectors, including cosmetics and pharmaceutical industries. The subject goods are generally imported into India under tariff item 29362100 of Schedule I of the Act.

However, the PUC has also been imported under tariff items 29362290, 29362800, 29369000, 29362690, and 29362990 of Schedule I of the Act. The customs classification of the product is indicative only and is not binding on the scope of the product.

The applicant has claimed that the goods produced by the domestic industry are like articles to the subject goods originating in or exported from the subject countries. It has been stated that there are no significant differences in the subject goods produced by the applicant and those exported from the subject countries.

The subject goods produced by the domestic industry are comparable to the goods imported from the subject countries in terms of technical specifications, manufacturing process and technology, functions and uses, and tariff classification. The applicant has claimed that the two are technically and commercially substitutable. For the purpose of the present investigation, the subject goods produced by the domestic industry are treated as ‘like article’ to the subject goods imported from the subject countries.

The scope of the PUC does not cover vitamin-A palmitate 1.6 MIU/Gm which is used for animal consumption and has different end-uses compared to the PUC.

The applicant has submitted that it has not imported the subject goods from any of the subject countries or any other country during the period of investigation (POI). However, the applicant has submitted that Piramal Enterprises Limited imported a miniscule quantity of 200 grams of the PUC from Nigeria, which is not a subject country, during the injury period. The applicant has clarified that this import was made on a sample basis for the purposes of testing. Further, it has been submitted that the applicant is not related to any of the exporters from the subject countries and importers of the subject goods in India.

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