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REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-01102024-257620
EXTRAORDINARY
PART I-Section 1
PUBLISHED BY AUTHORITY
No. 281]
NEW DELHI, MONDAY, SEPTEMBER 30, 2024/ASVINA 8, 1946
Ministry Of Commerce And Industry
(DEPARTMENT OF COMMERCE)
(DIRECTORATE GENERAL OF FOREIGN TRADE)
INITIATION NOTIFICATION
New Delhi, the 30th September, 2024
Case No. (OI)-39/2024
Subject: Initiation of anti-dumping investigation concerning imports of “Certain Cranes” originating
in or exported from China PR.
Fl.No.6/42/2024-DGTR..—1. Action Construction Equipment Ltd. (ACE) (hereinafter referred to
as the "Applicant”), has filed an application before the Designated Authority (hereinafter referred to as
the "Authority") under the provisions of 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 referred to as the 'Rules'), seeking initiation of an anti-dumping
investigation by alleging dumping of "Certain Cranes" (hereinafter also referred to as the "product
under consideration” or the “subject goods"), originating in or exported from China PR (hereinafter
referred to as the "subject country").
2. The Authority hereby takes cognizance of the information provided by the applicant as per sub-rule
4 of rule 5 of 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 "Rules").
A. Product Under Consideration (PUC)
3. The product under consideration in the present investigation is “Certain Cranes", (hereinafter also
referred to as the “product under consideration" or the "subject goods"). The product under
consideration is Cranes of the following types:
a. Crawler Cranes having lifting capacity from 40 MT to 260 MT, whether in fully
assembled, semi-assembled or disassembled form.
b. Truck Cranes with lifting capacity of 25 MT and above, whether in fully assembled, semi-
assembled or disassembled form.
4. The subject goods are used for loading / unloading, shifting of material, erection etc. at project sites
like infrastructure projects, roads & bridges, refinery, cement plants and any other industrial
projects.
5. The product under consideration is classified under chapter heading 8426. The subject goods are
also imported in HS Codes 84264100, 84264900, 84314990, 84314390, 84314920, 84314390
during injury period. The customs classification may kindly be treated as indicative, and not
binding on the scope of the product under consideration.
6. The applicant has proposed the following PCN methodology:
+------+-----------------------------------+----------------+------------+
| Sl. No | Type | Value | PCN Code |
+======+===================================+================+============+
| 1 | Category / Type of Machine Crawler Crane | Crawler Crane | CC |
| | | Truck Crane | TC |
+------+-----------------------------------+----------------+------------+
| 2 | Load Capacity in MT | 25 MT | 025 |
| | (Illustrations given) | 40 MT | 040 |
| | | 45 MT | 045 |
| | | 50 MT | 050 |
| | | 55 MT | 055 |
| | | 60 MT | 060 |
| | | 70 MT | 070 |
| | | 80 MT | 080 |
| | | 85 MT | 085 |
| | | 90 MT | 090 |
| | | 100 MT etc. | 100 |
+------+-----------------------------------+----------------+------------+
7. The interested parties are directed to make comments on the scope of the PUC, PCNs, if any within
30 days of this initiation notification.
B. Like Article
8. The applicant has claimed that the subject goods which are being dumped into India are identical to
the goods produced by the domestic industry. There are no differences either in the technical
specifications, functions, applications or end-uses of the dumped imports and the domestically
produced subject goods. Hence, the goods produced by the domestic industry are ‘Like Article' to
dumped goods from China PR. There is no difference in the dumped goods and the product under
consideration manufactured by the petitioners. The two are technically and commercially
substitutable. Thus, for the purposes of initiation of the present investigation, the article produced
by the Indian producers has been prima facie considered as like article to the product being
imported from China PR.
C. Subject Country
9. The subject goods are allegedly being dumped from China PR.
D. Period of Investigation (POI)
10. The Authority considers POI for the present application as April 2023 – March 2024 (a period of
12 months) and the injury investigation period as FY 2020-21, FY 2021-22, FY 2022-23 and the
POI.
E. Domestic Industry and Standing
11. The present application has been filed by Action Construction Equipment Ltd. (ACE). As per the
information filed in the application, the applicant is the sole producer of the subject goods in India
during the POI. The applicant has also submitted that Tractor India Ltd. was engaged in the
manufacturing of the subject goods. However, it has stopped production of the subject goods on
account of aggressive dumping from China PR. The applicant has declared that it is neither related
to any producer/exporter of the product under consideration in China PR; nor it is related to any
importer in India. Further, the applicant has not imported the product under consideration from the
subject country. Thus, the applicant should be considered as eligible to constitute domestic industry
in terms of Rules.
12. In view of the above, for the purpose of the initiation, Authority notes that the applicant accounts
for major proportion of the product under consideration in India, the applicant satisfies the standing
and constitutes domestic industry within the meaning of the Rules 2(b) and 5(3).
F. Basis of alleged dumping
Normal Value and Export price for China PR
13. The applicant has claimed that China PR should be treated as a non-market economy and the
normal value should be determined in terms of Rule-7 of Annexure I of the Rules. The applicant
has stated that the Chinese producers should be directed to demonstrate that market economy
conditions prevail in the industry producing the subject goods in terms Para 8(3) of Annexure-I of
the Rules. The applicant has claimed that for China PR, normal value should be determined in
accordance with para 7 of Annexure I of the Rules.
14. Since the information is not available at this stage with regard to (a) the price in a market economy
third country; (b) constructed value in a market economy third country; (c) the price from such a
third country to other country, including India, normal value has been determined based on the cost
of production of the domestic industry of the subject goods. The Authority will further examine the
evidence provided by the interested parties and the applicant for the determination of the normal
value during the investigation.
15. For determination of the export price, the Authority has considered transaction wise data procured
from DGCI&S and made adjustments for port expenses, bank charges, inland freight, commission
etc. to determine the ex-factory export price based on best available information on CIF import
price.
a. Dumping Margin
16. The normal value and export price have been compared at ex-factory level, which prima facie
shows that dumping margin is not only above the de-minimis level but also significant. There is
sufficient prima facie evidence that the subject goods from the subject country are being dumped
into the Indian market by the exporters from the subject country.
G. Evidence of Injury and Causal link
17. The applicant has filed representation before the Authority that prima facie evidence exists with
respect to the injury suffered by the domestic industry because of the dumped imports. The volume
of the subject imports from the subject country has increased significantly in absolute as well as
relative terms. The price undercutting from the subject country as a whole is positive and
significant. The applicant has also suffered injury on account of low-capacity utilisation, decline in
sales volume comparative to the previous year, losses, the decline in market share, etc.
H. Initiation of anti-dumping investigation
18. On the basis of the duly substantiated application by the domestic industry, and having satisfied
itself, on the basis of prima facie evidence submitted by the applicant substantiating the dumping
and consequent injury to the domestic industry, the Authority hereby initiates an anti-dumping
investigation into the alleged dumping and consequent material injury to the domestic industry in
accordance with Section 9A of the Act read with Rule 5 of the Rules, to determine the existence,
degree, and effect of alleged dumping and to recommend the amount of dumping duty, which if
levied would be adequate to remove the injury to the domestic industry.
I. Submission of Information
19. All communication should be sent to the Designated Authority via email at the email addresses
[email protected] and [email protected] with copy to [email protected] and jd15-
[email protected]. It should be ensured that the narrative part of the submission is in searchable
PDF/MS Word format and data files are in MS Excel format.
20. The known exporters in the subject country, the government of the subject country through their
embassy in India, the importers and users in India known to be concerned with the subject goods
and the domestic industry are being informed separately to enable them to file all the relevant
information in the form and manner prescribed within the time-limit set out below.
21. Any other interested party may also make its submissions relevant to the investigation in the
prescribed form and manner within the time limit set out below on the email addresses mentioned
in Para 19 above.
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 advised to keep a regular watch on the official website of the DGTR,
i.e., https://www.dgtr.gov.in/ for any updated information with respect to this investigation.
J. Time Limit
24. Any information relating to the present investigation should be sent to the Designated Authority via
email at the email addresses [email protected], [email protected], [email protected] and jd15-
[email protected] within thirty (30) days from the date of receipt of the notice as per Rule 6(4) of the
Rules. It may, however, be noted that in terms of the explanation of the said Rule, the notice calling
for information and other documents shall be deemed to have been received within one week from
the date on which it was sent by the Designated Authority or transmitted to the appropriate
diplomatic representative of the exporting countries. If no information is received within the
prescribed time limit or the information received is incomplete, the Authority may record its
findings on the basis of the facts available on record 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/submissions within the above
time limit.
K. Submission of information on confidential basis
26. Any party making any confidential submission or providing information on confidential basis
before the Authority, is required to simultaneously submit a non-confidential version of the same in
terms of Rule 8(2) of the Rules and the trade notices issued in this regard. Failure to adhere to the
above may lead to rejection of the response / submissions.
27. The parties making any submission (including appendices/annexures attached thereto), before the
Authority including questionnaire response, are required to file confidential and non-confidential
versions separately.
28. The "confidential" or "non-confidential" submissions must be clearly marked as "confidential" or
"non-confidential" at the top of each page. Any submission made without such marking shall be
treated as non-confidential by the Authority, and the Authority shall be at liberty to allow the 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 information which
are 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 is required to be a replica of the confidential version with the
confidential information preferably indexed or blanked out (in case indexation is not feasible) and
summarized depending upon the information on which confidentiality is claimed. 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 why summarization is not possible must
be provided to the satisfaction of the Authority. The other interested parties can offer their
comments on the confidentiality claimed within 7 days of receiving the non-confidential version of
the document.
31. The Authority may accept or reject the request for confidentiality on examination of the nature of
the information submitted. If the Authority is satisfied 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.
32. Any submission made without a meaningful non-confidential version thereof or without good cause
statement on the confidentiality claim shall not be taken on record by the Authority.
33. 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.
L. Sharing of responses/ submissions amongst interested parties.
34. A list of registered interested parties will be uploaded on 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.
M. Non-cooperation
35. In case where an interested party refuses access to, or otherwise does not provide necessary
information within a reasonable period, or significantly impedes the investigation, the Authority
may record its findings on the basis of the facts available to it and make such recommendations to
the Central Government as deemed fit.
DARPAN JAIN, Designated Authority
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
GORAKHA Digitally signed by GORAKHA
NATH YADAVA NATH YADAVA Date 2004.10.01 16:205
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