. /.   WORLD TRADE  
ORGANIZATION  G/ADP/Q2/IND/3 
6 May 2011 
 (11-2355) 
Committee on Anti-Dumping Practices Original:   English 
 
 
 
ARTICLE 16.4 OF THE AGREEMENT 
 
Replies to Questions Posed by the UNITED STATES1 
Regarding the Semi Annual Report from INDIA2 
 
 
 The following communication, dated 3 May 2011, is being circulated at the request of the 
Delegation of India. 
 
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Question 1  
 For several of India's anti-dumping duty me asures involving imports from the United 
States, we note that India's semi-annual report lists a different period of investigation for injury than was reported in India's Official Gazette no tices.  For Styrene Butadiene Rubber, Propylene 
Glycol and Certain Rubber Chemicals, the Official Gazette lists an entire year as the first year 
under consideration while the semi-annual report lists only a partial year.  
 Could India please clarify which period will be examined (i.e., all of 2005 instead of 
beginning with 1 April 2005)?  
Reply
 
  As reported, the period of investigation for in jury analysis in respect of Styrene Butadiene 
Rubber and Propylene Glycol begins from 1 April 2005 and for Certain Rubber Chemicals, the same 
begins from 1 April 2006.  
Question 2 
  Regarding the sunset review of the anti-dumping duty measure on imports of Styrene 
Butadiene Rubber from the United States, we note  that the final determination in the sunset 
review was issued by India's Directorate Genera l of Allied and Anti-dumping Duties (DGAD) 
on 30 June 2010 and that, as of 21 October 2010, to the best of our knowledge, the final Customs 
notice with the imposition of duties has not yet been issued. 
  Can India please explain whether final duties have been announced by Customs or 
whether the measure has been terminated? 
 
                                                     
 
1 G/ADP/Q2/IND/2. 
2 G/ADP/N/202/IND. G/ADP/Q2/IND/3 
Page 2  
 
  Reply
 
  In this case, no notification has been issued  for further imposition of duty and the duty lapsed 
on 27 June 2010. 
 Question 3 
 
 Regarding the sunset review of the anti-dum ping duty measure on imports of Propylene 
Glycol from the United States, India's DGAD is sued its final determination in this review on 
29 June 2010, which noted that the measure was be ing terminated due to no continuing injury 
to the domestic industry.  However, this dete rmination and the termination of the measure do 
not appear on India's semi-annual report. 
 
 Please clarify this omission from India's semi-annual report.  
Reply
 
  The semi-annual report under reference covers the position up to 30 June 2010.  In respect of 
Propylene Glycol, no announcement regarding te rmination of measures was made by that date. 
 Question 4 
 
 In its anti-dumping investigation on import s of polypropylene from Singapore, Oman, 
and Saudi Arabia, India's final determination and imposition of duties applies to imports from 
investigated countries, as well as imports pr oduced in countries not under investigation. 
  Can India please explain how this practice is consistent with Article 2 of the Agreement 
on Implementation of Article VI of the Gen eral Agreement on Tariffs and Trade 1994, read in 
conjunction with Article VI of the General Agreement on Tariffs and Trade which precludes 
WTO Members from imposing anti-dumping duti es on merchandise produced in countries not 
subject to an investigation? 
 Reply
 
 
 The anti-dumping measure is in place only in r espect of 'Polypropylene' originating in or 
exported from Oman, Saudi Arabia and Singapore.  Thus, United States' origin subject goods would 
not attract the anti-dumping measure, unless they are exported from Oman, Saudi Arabia or 
Singapore. 
 
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