ISLAMABAD, Oct 25: National Tariff Commission (NTC) has imposed provisional anti-dumping duty on PVC Resin (suspension grade) imported from Korea and Iran at the rate of 40.18 per cent and 31.06 per cent ad val of C&F price , respectively, for a period of four months.

The Commission had initiated the investigations on June 25, 2004 under the Anti-dumping Duties Ordinance 2000, on a complaint from local producer of PVC Resin M/s Engro Asahi Polymer and Chemicals Limited, Karachi on behalf of the domestic industry.

This is the fifth case initiated in Pakistan under the anti-dumping provisions.

The commission has made a preliminary determination that PVC Resin classified under Pakistan Customs Tariff (PCT) code 3904.1000 was exported to Pakistan at dumped prices by exporters from Korea and Iran and that such dumping has caused material injury to domestic industry of Pakistan.

The provisional duty could only be levied on import of PVC Resin by LG International Corporation, Korea and Iran Petrochemical Commercial Company, Iran for a period of four months.

However, producers/exporters of PVC Resin (suspension grade) other than those identified from Korea and Iran would not be subject to the provisional anti-dumping duty.

As required under the law, says official notice issued on Monday, the commission, after the initiation of investigation, sent questionnaires to the Korean and Iranian exporters and producers alleged by the applicant to be involved in dumping of PVC Resin into Pakistan, and importers of the investigated product, asking them to provide information within the statutory time period of 37 days.

Korean exporters/producer did not respond to the questionnaire. However, the Iranian exporter/producer responded to the questionnaire and provided information/data necessary for this investigation. And none of the Pakistani importers responded to the questionnaire.

Officers of the commission carried out on-the-spot investigation at the premises of the domestic industry and at the premises of the Iranian exporter/producer to verify the information/data provided by them and to obtain further information.

The Ordinance provides opportunity to interested parties (which ordinarily include exporters, importers and the domestic industry) to present their views in a hearing if they so desire. Interested parties could also submit post-hearing briefs containing their views on a particular issue or issues to the commission.

The law further requires that the final determination be made by the Commission not later than 6 months from the date of publication of notice of preliminary determination.

If the final determination is affirmative, the Ordinance stipulates that the Commission may impose final anti- dumping duty on the dumped imports equivalent to the dumping margin for a period of up to five years. The Ordinance also provides for the finding being subject to review by the commission at any time after two years.

The ordinance also provides for an appeal process - if any of the interested parties was not satisfied with the commission's final determination and decision of imposition of definitive anti-dumping duty, it might approach the Appellate Tribunal. The Appellate Tribunal set up under the ordinance was headed by a retired Supreme Court Judge. Alternatively, any affected exporting government might in case of positive final determination, approach WTO dispute settlement body (DSB) in Geneva and might lodge a complaint against importing country's decision. The DSB might then set up a panel to adjudicate.