September 17, 2002	Tuesday	Rajab 9, 1423

ISLAMABAD, Sept 16: Pakistan Vanaspati Manufacturers Association here on Monday presented objections to National Tariff Commission against its decision in the first case of tinplate dumping under the anti-dumping law.

The commission had imposed last July 23.91 per cent anti-dumping duty on tinplate used in the packing of vegetable ghee in response to an application received from Siddiqsons Tinplate Limited exported by a South African firm.

The applicant had alleged that Macsteel International of South Africa was exporting to Pakistan tinplate of thickness of less than 0.5mm and of a width of 600mm or more produced by ISCOR Ltd at rates that attracted the mischief of Anti-dumping Duties Ordinance 2000.

In their application submitted in last February, they had, therefore, requested the commission to initiate an investigation and impose anti-dumping duty to save the domestic industry from alleged unfair competition.

The staff of NTC, as part of the investigation, conducted on- the-spot investigation of the domestic producer in Karachi as well as that of the foreign producer and exporter in South Africa under Rule 12 of the Anti-dumping Rules.

The decision has, however, been opposed by the Pakistan Vanaspati Manufacturers Association. In the hearing held on Monday by NTC chairman Dr Faizullah Khilji, PVMA vice-chairman M. Tahir Gaba presented arguments as to why the anti-dumping duties on the tinplate of impugned specifications were without merit.

Also present on the occasion were S. Waliullah, senior executive vice-president of Siddiqsons; Anwar Ali Jessani, vice-chairman of Pakistan Iron & Steel Merchants Association; and a user/importer.

The NTC chairman, after hearing arguments, directed PVMA to send to the commission within ten days written proof of the statements given by them orally. Under the relevant law, he pointed out, the NTC could take cognizance of evidence put before it only in black and white.

The commission, Dr Khilji told Dawn, would issue its final determination after examining the record made available by the applicant. But before that, there remain a couple of more steps required to be taken under the law as well as the WTO agreements.

Under one of these, it would have to prepare “essential facts” based on examination of record dispatched to by the interested parties.

Interested parties, he said in reply to a question, were defined in the law as: (1) any exporter or foreign producer of an investigated product; (2) any importer of an investigated product; (3) trade or business association a majority of the members of which are producers, exporters or importers of an investigated product; (4) the government of an exporting country; (5) any producer of a domestic like product in Pakistan; (6) trade or business associations a majority of the members of which produce a domestic like product in Pakistan; and (7) such other person or group of persons as the commission may, notification in the official gazette, specify.

Each interested party is given a period of 15 days within which to submit its reply to the “essential facts”.

So far, the NTC chairman said, the foreign exporter/producer had not indicated its reaction to the imposition of anti-dumping duty on their product.

Prepared strictly in conformity with the WTO agreements, the Ordinance authorizes foreign exporters/producers to ask for the calculations and the methodology of such calculations on the basis of which the NTC made its decision.

The law allows them to send their written submissions to the commission within 45 days of final determination.

Describing the entire process as transparent, Dr Khilji said, everything relating to the case was placed in a “public file” which is available to each of the interested parties. What is not included in it is confidential information provided by the applicant. But a summary of such information too is included in “public file”.

The final determination of NTC is appealable before the Appellate Tribunal headed by a retired judge of the Supreme Court and then before the WTO in Geneva.