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REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-01102024-257612
EXTRAORDINARY
PART I—Section 1
PUBLISHED BY AUTHORITY
No. 270]
NEW DELHI, MONDAY, SEPTEMBER 30, 2024/ ASVINA 8, 1946
6326 GI/2024
MINISTRY OF COMMERCE AND INDUSTRY
(Department of Commerce)
(Directorate General of Trade Remedies)
New Delhi, the 30 th September, 2024
INITIATION NOTIFICATION
Case No. AD (OI)-38/2024
Subject: Initiation of anti-dumping investigation concerning imports of “Black Toner
Powder Cartridge” originating in or exported from China PR - reg.
F. No. 6/41/2024-DGTR – Having regards to the Customs Tariff Act, 1975, as amended from time to
time (hereinafter also referred to as the "Act") and the Customs Tariff (Identification, Assessment and
Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, as
amended from time to time (hereinafter also referred to as the "AD Rules, 1995"), M/s Indrayani Sales
Private Limited (hereinafter referred to as the “applicant"), has filed an application before the Designated
Authority (hereinafter referred to as the “Authority") seeking initiation of anti-dumping investigation by
alleging dumping of "Black Toner Powder Cartridge” (hereinafter referred to as the “subject goods", or
"the product under consideration”), originating in or exported from China PR (hereinafter referred to as
the "subject country").
A. PRODUCT UNDER CONSIDERATION
2. The product under consideration is the “Black Toner Powder Cartridge” (hereinafter referred to as the
"subject goods" or the "Product under Consideration). The following types of Cartridges are not
covered within the scope of the investigation:
a.Colour Laser Toner Cartridge
b. MICR Toner Cartridge (Specialized Toner used for printing in Cheques)
c.Inkjet Liquid Toner Cartridge
d. Black Toner Cartridge imported for use by the Original Equipment Manufacturers of Printing
Equipment
3. Product under consideration is used for printing. The subject goods are classified under HS Code:
84439959 under Chapter 84 of the Customs Tariff Act, 1975 (51 of 1975). The customs classification/
HS Code is only indicative and is not binding on the scope of the product under consideration. The
Authority shall consider imports of the product under consideration, irrespective of its classification
for the purpose of the present investigation.
B. LIKE ARTICLE
4. The applicant has claimed that there is no significant difference in the article produced by the
domestic industry and the one exported from the subject country. The article produced by the domestic
industry and imported from the subject country is comparable in terms of characteristics such as
physical & chemical characteristics, manufacturing process & technology, functions & uses,
specifications, pricing, distribution & marketing, and tariff classification of the goods. The two are
technically and commercially substitutable and are used by consumers interchangeably. Thus, for the
purposes of initiation of the present investigation, the investigation team, proposes to hold that the
article produced by the applicant is like article to the product being imported from China PR.
C. DOMESTIC INDUSTRY AND STANDING
5. Rule 2(b) defines domestic industry as follows:
"Domestic industry' means the domestic producers as a whole of the like article or
domestic producers whose collective output of the said article constitutes a major
proportion of the total domestic production of that article, except when such producers
are related to the exporters or importers of the alleged dumped article, or are
themselves importers thereof, in which case such producers shall be deemed not to form
part of domestic industry”
6. The application has been filed by M/s Indrayani Sales Private Limited. There is one more producer in
India, viz., M/s DIC Techware Private Limited, which has neither supported nor opposed the
application. The applicant accounts for a major proportion of the Indian production.
7. The applicant has not imported the subject goods from the subject country during the POI and
previous two financial years except FY 2020-21. Moreover, the applicant is not related to any
importer or exporter of the subject goods during POI.
8. In view of the same, the Authority considers that applicant constitutes eligible domestic industry
within the meaning of Rule 2(b) of the Anti-dumping Rules, 1995 read with Rule 5(3).
D. PERIOD OF INVESTIGATION
9. The period of investigation (POI) for the present investigation is 1st April 2023 to 31st March 2024 (12
months). The injury period for the investigation will cover the periods FY 2020–21, FY 2021-22, FY
2022-2023 and the POI.
E. SUBJECT COUNTRY
10. The subject country for the present investigation is China PR.
F. DUMPING MARGIN COMPUTATION
i. Normal Value
11. The consistent practice of the Authority has been to treat China PR as a non-market economy, unless
the producers from China PR demonstrate that market economy conditions prevail in the industry with
regard to the production and sales of the subject goods in accordance with Para 7 of Annexure-I to the
Anti-Dumping Rules, 1995.
12. Applicant has claimed normal value in case of China PR on the basis of the price actually paid or
payable in India, duly adjusted to include a reasonable profit margin. The normal value has been,
therefore, constructed based on the best estimates of the cost of the production in India of the subject
goods as available after adjusting the selling, general and administrative expenses with reasonable
profit margin.
13. Therefore, for the purpose of initiation of the present investigation, the normal value has been
constructed based on the estimates of the cost of production of the applicant's duly adjusted with
selling, general and administrative expenses, along with a reasonable profit margin.
ii. Export Price
14. The applicants have claimed CIF export price based on import information on a summary basis
published by DGCI&S since the product has as dedicated classification. The Authority has considered
import price based on DGCI&S data to check the veracity of the information. Adjustments on account
of Ocean Freight, Marine Insurance, Inland Freight, Documentation charges, Handling and Clearing
charges and Credit Cost were made to arrive at the ex-factory export price.
iii. Dumping Margin
15. The normal value and the export price have been compared at the ex-factory level, which prima facie
establishes that the dumping margin is above the de minimis level with respect to the product under
consideration imported from the subject country. Thus, there is sufficient prima facie evidence that the
product under consideration from the subject country is being dumped in the domestic market by the
exporters from the subject country.
G. ALLEGATION OF INJURY AND CAUSAL LINK
16. The applicant has furnished the information on various parameters relating to 'injury' to the domestic
industry as prescribed under the Rules. The evidence provided by the applicant prima facie shows
injury to the domestic industry that has been caused by the alleged dumped imports from China PR.
H. INITIATION OF THE INVESTIGATION
17. On the basis of the duly substantiated written application submitted by the applicant and having
reached satisfaction based on the prima facie evidence submitted by the applicant concerning the
dumping of the product under consideration originating in or exported from the subject country, the
consequential injury to the domestic industry as a result of the alleged dumping of the subject goods
and the causal link between such injury and the dumped imports, and in accordance with Section 9A
of the Act read with Rule 5 of the AD Rules, the Authority, hereby, initiates an anti-dumping
investigation to determine the existence, degree and effect of the dumping with respect to the product
under consideration originating in or exported from the subject country and to recommend the
appropriate amount of anti-dumping duty, which if levied, would be adequate to remove the injury to
the domestic industry.
I. PROCEDURE
18. Principles as given in Rule 6 of the AD Rules shall be followed for the present investigation.
J. SUBMISSION OF INFORMATION
19. All communication should be sent to the Designated Authority via email at email addresses <dir13-
[email protected]> and <[email protected]> with a copy to <[email protected]> and <consultant-
[email protected]>. It must be ensured that the narrative part of the submission is in searchable
PDF/MS-Word format and data files are in the MS-Excel format.
20. The known producers/ exporters in the subject country, the government of the subject country through
their embassies in India, the importers and users in India who are known to be associated with the
subject goods are being informed separately to enable them to file all the relevant information within
the time limits mentioned in this initiation notification. All such information must be filed in the form
and manner as prescribed by this initiation notification, the AD Rules, 1995 and the applicable trade
notices issued by the Authority.
21. Any other interested party may also make submission relevant to the present investigation in the form
and manner as prescribed by this initiation notification, the AD Rules, 1995 and the applicable trade
notices issued by the Authority within the time limits mentioned in this initiation notification.
22. Any party making any confidential submission before the Authority is required to make a non-
confidential version of the same available to the other interested parties.
23. Interested parties are further directed to regularly visit the official website of the Directorate General
of Trade Remedies (https://www.dgtr.gov.in .dgtr.gov.in/) to stay updated and apprised with the information as
well further processes related to the investigation.
K. TIME LIMIT
24. Any information relating to the present investigation should be sent to the Designated Authority via
email at email address <[email protected]> and <[email protected]> with a copy to <adv11-
[email protected]> and <[email protected]> within 30 days from the date on which the
non-confidential version of the application filed by the domestic industry would be circulated by the
Designated Authority or transmitted to the appropriate diplomatic representative of the exporting
country as per Rule 6(4) of the AD Rules, 1995. If no information is received within the stipulated
time limit or the information received is incomplete, the Authority may record its findings based on
the facts available on record and in accordance with the Rules.
25. All the interested parties are hereby advised to intimate their interest (including the nature of interest)
in the instant matter and file their questionnaire responses within the above time limit as stipulated in
this notification.
26. Where an interested party seeks additional time for filing of submissions, it must demonstrate
sufficient cause for such extension in terms of Rule 6(4) of the AD Rules, 1995 and such request must
come within the time stipulated in this notification.
L. SUBMISSION OF INFORMATION ON CONFIDENTIAL BASIS
27. Where any party to the present investigation makes confidential submissions or provides information
on a confidential basis before the Authority, it is required to simultaneously submit a non-confidential
version of such information in terms of Rule 7(2) of the AD Rules, 1995 and in accordance with the
relevant trade notices issued by the Authority in this regard.
28. Such submissions must be clearly marked as “confidential” or “non-confidential” at the top of each
page. Any submission which has been made to the Authority without such markings shall be treated as
"non-confidential” information by the Authority, and the Authority shall be at liberty to allow other
interested parties to inspect such submissions.
29. The confidential version shall contain all information which is, by nature, confidential, and/or other
information, which the supplier of such information claims as confidential. For the information which
is claimed to be confidential by nature, or the information on which confidentiality is claimed because
of other reasons, the supplier of the information is required to provide a good cause statement along
with the supplied information as to why such information cannot be disclosed.
30. The non-confidential version of the information filed by the interested parties should essentially be a
replica of the confidential version with the confidential information preferably indexed or blanked out
(where indexation is not possible) and such information must be appropriately and adequately
summarized depending upon the information on which confidentiality is claimed.
31. The non-confidential summary must be in sufficient detail to permit a reasonable understanding of the
substance of the information furnished on confidential basis. However, in exceptional circumstances,
the party submitting the confidential information may indicate that such information is not susceptible
to summary, and a statement of reasons containing a sufficient and adequate explanation in terms of
Rule 7 of the AD Rules, 1995 and appropriate trade notices issued by the Authority, as to why such
summarization is not possible, must be provided to the satisfaction of the Authority.
32. The interested parties can offer their comments on the issues of confidentiality claimed by any other
interested parties within 7 days of the receipt of the non-confidential version of the documents filed
before the Authority as indicated in paragraph 24 of this initiation notification.
33. Any submission made without a meaningful non-confidential version thereof or without a sufficient
and adequate cause statement in terms of Rule 7 of the AD Rules, 1995 and appropriate trade notices
issued by the Authority, on the confidentiality claim shall not be taken on record by the Authority.
34. The Authority may accept or reject the request for confidentiality on examination of the nature of the
information submitted. If the Authority is satisfied that the request for confidentiality is not warranted
or if the supplier of the information is either unwilling to make the information public or to authorize
its disclosure in generalized or summary form, it may disregard such information.
35. The Authority on being satisfied and accepting the need for confidentiality of the information
provided, shall not disclose it to any party without specific authorization of the party providing such
information.
M. INSPECTION OF PUBLIC FILE
36. A list of registered interested parties will be uploaded on the DGTR's website along with the request
therein to all of them to email the non-confidential version of their submissions to all other interested
parties. Failure to circulate non-confidential version of submissions/ response/ information might lead
to consideration of an interested party as non-cooperative.
N. NON-COOPERATION
37. In case any interested party refuses access to and otherwise does not provide necessary information
within a reasonable period or within the time stipulated by the Authority in this initiation notification,
or significantly impedes the investigation, the Authority may declare such interested party as non-
cooperative and record its findings based on the facts available and make such recommendations to
the Central Government as deemed fit.
DARPAN JAIN, Designated Authority
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