Full Text
REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-02042025-262197
EXTRAORDINARY
PART I-Section 1
PUBLISHED BY AUTHORITY
No. 105] NEW DELHI, SUNDAY, MARCH 30, 2025/ CHAITRA 9, 1947
(Directorate General of Trade Remedies)
INITIATION NOTIFICATION
New Delhi, 29 March 2025
Case No. AD(OI) -03/2025
Subject: Initiation of Anti-dumping investigation concerning imports of “Low Ash
Metallurgical Coke" originating in or exported from Australia, China, Colombia,
Indonesia, Japan and Russia.
1. F.No.6/03/2025-DGTR.-Indian Metallurgical Coke Manufacturer's Association
('IMCOM') (hereinafter referred to as the “applicant") has filed an application on behalf of
the domestic industry before the Designated Authority (“Authority”), in accordance with
the Customs Tariff Act, 1975, as amended (“Customs Tariff 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 ("AD Rules"), for initiation of an
anti-dumping investigation concerning imports of "Low Ash Metallurgical Coke” (“subject
goods" or "product under consideration") originating in or exported Australia, China,
Colombia, Indonesia, Japan and Russia (“subject countries").
2. The applicants have alleged that material injury is being caused to the domestic industry due
to the dumped imports, originating or exported from the subject countries and have requested
for the imposition of anti-dumping duties on the imports of the subject goods from the
subject countries.
A. PRODUCT UNDER CONSIDERATION
3. The product under consideration in the present investigation is Low Ash Metallurgical Coke
that is, Metallurgical Coke having ash content below 18% excluding ultra-low phosphorous
metallurgical coke with phosphorous content up to 0.030% with size upto 30 mm with 5%
size tolerance for use in ferroalloy manufacturing. Metallurgical Coke is used as a primary
fuel in industries where a uniform and high temperature is required in kilns or furnaces, such as
in production of pig iron, foundries, ferro alloys, chemical plants and steel plants.
4. Met Coke is produced by destructive distillation of coking coal in the absence/regulated presence
of oxygen at high temperatures (ranging between 1100 to 1350 degree centigrade) causing the
coal to soften, liquefy and then re-solidify into hard but porous lumps. Met Coke is a form of
carbon along with some mineral and residual volatile material.
5. The PUC is generally imported into India under HS Codes 2704 0010, 2704 0020, 2704 0030,
and 2704 0090 of Schedule I of the Customs Tariff Act, 1975. However, it is possible that the
subject goods may also be imported under other headings and therefore, the Customs tariff
heading is indicative only and is not binding on the scope of the product. Import data from
the DG Systems database has been assessed for the above tariff codes for the purposes of
dumping and injury analyses.
6. The interested parties in the subject investigation may provide their comments on the PUC as well
as their proposal for their construction of PCNs, if any, within 15 days from the date of initiation
of this investigation.
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B. LIKE ARTICLE
7. The applicants have claimed that the subject goods, which have been alleged to be dumped in
India, are identical to the goods produced by the domestic industry. There are no known
differences in the technical specifications, functions and end-use of the two products. The
Authority notes that the two are prima facie technically and commercially substitutable.
Hence, for the purposes of the present investigation, the Authority holds that the two should
be treated as “like article” under the AD Rules. Therefore, for the purpose of the present
investigation, the subject goods produced by the applicants in India are being treated as 'like
articles' to the subject goods being imported from the subject country.
C. SUBJECT COUNTRIES
8. The subject countries in the present petition are Australia, China, Colombia, Indonesia, Japan
and Russia.
D. PERIOD OF INVESTIGATION
9. The Authority has considered the period from October 1, 2023 – September 31, 2024 (12
Months) as the period of investigation, i.e., the POI. The period of injury covers the periods from
April 1, 2021 to March 31, 2022, April 1, 2022 to March 31, 2023, April 1, 2023 – March 31,
2024, and the POI.
E. DOMESTIC INDUSTRY AND STANDING
10. The application has been filed by Indian Metallurgical Coke Manufacturer's Association
('IMCOM') on behalf of the domestic industry. The following members of the IMCOM have
filed their data for the purpose of the present investigation.
a. Bhatia Coke and Energy Limited (Aquaterra Coke & Energy Limited),
b. BLA Coke Private Limited,
с. Jindal Coke Limited
d. Pawanputra ECoke Private Limited,
e. Saurashtra Fuels Private Limited,
f. SU Mangala Coke Private Limited
g. United Coke Private Limited, and
h. Vedanta MALCO Energy Limited
11. The applicant has submitted that in India, met coke is either produced as an intermediate in
the manufacturing process of steel or is sold in the merchant market or is partly produced for
sale and partly for captive consumption. There are at least 19 producers of the product
producing met coke captively. However, such producers have not been considered as
producers of met coke for determination of scope of the domestic industry in the present
investigation, for the following reasons.
a. Producers engaged in manufacturing met coke as a part of steel making do not recognize it
as a product.
b. It is only an input required by these producers for production of steel and is an
intermediate in such production process.
с. Websites of the steel producers do not report met coke as a "product".
d. The steel manufacturers do not compete in the met coke market either with imports or
e. with domestic producers.
f. The captive producers are insulated from the market situations in the met coke market.
g. The steel manufacturers are actually consumers of the subject goods, rather than
manufacturers of the same.
Met coke is a raw material for these producers and not a product meant for sale.
12. The proviso to Rule 2(b) of the Anti-Dumping Rules allows for considering separate industry
in two or more competitive markets and the producers within each industry comprise of
separate industries. The Authority has considered merchant market and captive market as
separate competitive markets and producers within each of these markets have been
considered to constitute separate industry.
13. The domestic industry has submitted that some of the domestic producers have imported the
product under consideration, and thus, should not be considered as part of domestic industry.
The Authority issued letters to all domestic producers and sought details regarding
production, capacity, sales, captive consumption and imports (self-imports and by related
parties). Actual information has been considered for the producers which have furnished a
response. Based on the volume of imports compared with the production of the producers,
the Authority has considered only the following producers ineligible for determination of
total Indian production for the purpose of standing.
a. Mahalakshmi Ennore Coke and Power Private Limited
b. Mahalakshmi Wellman Fuels LLP
с. Motherson Consolidate
d. Shree Arihant Trade Links Private Limited
e. Shri Electromelts Limited
f. Visa Coke Limited
14. The following producers have furnished response to the letter sent by the Authority and have
supported the application filed by the association.
a. Carbon Edge Industries Limited
b. Coromandel Met Coke Industries
с. Narayani Coke Private Limited
d. Neelanchal Carbo Metalicks Limited
e. Tirupati Traders
f. Varah Ventures (Girdhari Coke)
g. Harsh Fuels Pvt. Ltd
h. Tamil Nadu Coke & Power Private Limited
i. Usha Fuels Private Limited
j. Bengal Energy Limited
15. The applicant domestic producers constitute a major proportion of the eligible Indian
production. Along with the supporters, the applicant domestic producers constitute 85% of
the total eligible Indian production. The applicant domestic producers have not imported the
subject goods from the subject countries during the period of investigation and are not related
THE GAZETTE OF INDIA : EXTRAORDINARY [PART I-SEC.1]
to any of the exporters of the subject goods in the subject countries or importers of the
dumped articles in India. Thus, the applicant domestic producers constitute a major
proportion of the total domestic production of like article in India. Thus, the applicant
domestic producers constitute domestic industry under Rule 2(b), and the application
satisfies the requirement of standing in terms of Rule 5(3) of the Anti-Dumping Rules.
BASIS OF ALLEGED DUMPING
NORMAL VALUE
a) Normal value for China PR
16. The applicants have claimed that China PR should be treated as a non-market economy and
therefore, the Chinese producers should be called upon to show that market economy conditions
prevail in the industry producing the like product with regard to the production and sale of that
product under consideration. Unless the Chinese producers show that such market economy
conditions prevail, their normal value should be determined in accordance with Para 7 of
Annexure – I to the AD Rules. Under Para 7, normal value for a non-market economy country is
required to be determined on the basis of prices of subject goods in the market economy third
country or price from such third country to other countries, including India, or on some other
reasonable basis including the price paid or payable in India.
17. The normal value, for the purpose of initiation of the investigation, has been constructed based on
the cost of production of the domestic industry of the subject goods, after duly adjusting the
selling, general and administrative expenses with reasonable profits.
b) Normal value for other subject countries
The applicants have submitted that it was not able to obtain comparable prices for like product in
other countries, the price lists or commercial invoices for sales in the local market being
commercially sensitive and confidential in nature. In view of the same, the applicant has
constructed the normal value based on the representation cost of manufacturing in the
respective countries based on the consumption norms of the domestic industry, duly adjusted
with the selling, general, and administrative expenses and reasonable profit.
EXPORT PRICE
18. The applicant has adopted the CIF price reported as per imports into India as per market
intelligence. The information provided by the applicants has been compared with the DG Systems
data. For the purpose of the prima facie assessment, DG systems data has been adopted for
ascertaining ex-factory export price. To determine the ex-factory export price, the price has been
adjusted with ocean freight, inland freight, port expenses, insurance, commission, bank charges,
inventory carrying cost and credit cost. There is sufficient prima facie evidence with respect to
export price to justify the initiation of the investigation.
DUMPING MARGIN
19. Considering the normal value and export price as elaborated above, the dumping margin has
been determined, in accordance with Section 9A(1)(a) of the Customs Tariff Act. It is seen
that the dumping margin is not only above the de minimis levels, but also significant.
F. INJURY AND CAUSAL LINK
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20. The information furnished by the applicants has been considered for assessment of injury to
the domestic industry. The applicants have furnished evidence regarding the injury suffered
as a result of the alleged dumping in the form of increased volume of dumped imports in
absolute terms and in relation to production or consumption in India, price undercutting and
price depressing effect on the domestic industry. The performance of the applicants has been
adversely impacted in respect of profitability, return on investment, market share as a result of
the increase in imports of the PUC at an injurious price for the domestic industry. There is
sufficient prima facie evidence that the injury is being caused to the domestic industry by
dumped imports from the subject countries.
21. The applicants have also claimed that the imports are causing material injury to the domestic
industry.
G. INITIATION OF ANTI-DUMPING INVESTIGATION
22. On the basis of duly substantiated written application by the domestic industry, and having
satisfied itself, on the basis of the prima facie evidence submitted by the domestic industry
pertaining to dumping of the product under consideration originating in or exported from
the subject countries, injury to the domestic industry and causal link between such alleged
dumping and injury, and in accordance with Section 9A of the Customs Tariff Act read with
Rule 5 of the AD Rules, the Authority, hereby, initiates an investigation to determine the
existence, degree and effect of any alleged dumping in respect of the product under
consideration originating in or exported from the subject countries and to recommend the
amount of anti-dumping duty, which if levied, would be adequate to remove the injury to the
domestic industry.
H. PROCEDURE
23. Principles, as stated under Rule 6 of the AD Rules, shall be followed in the present
investigation.
I. SUBMISSION OF INFORMATION
24. All the communications should be sent to the Designated Authority via email at email
address dd15-dgtr@gov.in, dir16-dgtr@gov.in and adv13-dgtr@gov.in. 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. Submissions requiring special software to access the files will not be
accepted.
25. The known producers/exporters in the subject countries, the governments of the subject
countries through their embassies in India, and the importers and users in India known to be
concerned with the subject goods 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.
26. Any other interested party may also make its submissions relevant to the investigation in the
form and manner prescribed within the time limit set out below. Any party making any
confidential submission before the Authority is required to make a non-confidential version of
the same available to the other parties.
J. TIME LIMIT
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27. Any information relating to the present investigation should be sent to the Designated
Authority via email at the following email addresses dd15-dgtr@gov.in, dir16-dgtr@gov.in
and adv13-dgtr@gov.in within 30 days from the date on which it was sent by the Designated
Authority or transmitted to the appropriate diplomatic representative of the exporting country
as per Rule 6(4) of the AD Rules. It may, however, be noted that in terms of 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 AD Rules.
28. 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.
29. 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.
K. SUBMISSION OF INFORMATION ON A CONFIDENTIAL BASIS
30. Any party making any confidential submission or providing information on a confidential basis
before the Authority, is required to simultaneously submit a non-confidential version of the
same in terms of Rule 7(2) of the AD Rules. Failure to adhere to the above may lead to the
rejection of the response / submissions.
31. 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. In case, the submission is made in multiple parts, it is instructed
to provide an index table in each part outlining the contents of all parts/emails and documents
enclosed. Please ensure page numbering on all submissions.
32. Where the original documents are in a language other than Hindi and English, the interested
parties are requested to ensure that the true translated version is provided along with the original
documents.
33. 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.
34. 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 a confidential basis. However, in exceptional
circumstances, the party submitting the confidential information may indicate that such
information is not susceptible to a summary, and a statement of reasons why summarization is not
possible must be provided to the satisfaction of the Authority. The other interested parties may
offer their comments on the confidentiality claimed within 7 days of receiving the non-
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confidential version of the documents.
35. 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.
36. Any submission made without a meaningful non-confidential version thereof or a good cause
statement on the confidentiality claim shall not be taken on record by the Authority.
37. The interested parties can offer their comments on the issues of confidentiality claimed by the
domestic industry within 7 days from the date of circulation of the non-confidential version of the
documents in terms of relevant paragraphs of this initiation notification.
38. The Authority on being satisfied and accepting the need for confidentiality of the information
provided, shall not disclose it to any party without specific authorisation of the party providing
such information.
L. INSPECTION OF PUBLIC FILE
39. 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. The non-confidential version of the questionnaire response or other
submissions should preferably be circulated to all other interested parties on the same day and, in
no case, later than the day following the filing of submissions on a confidential basis. Failure to
circulate a non-confidential version of submissions/responses/information might lead to the
consideration of an interested party as non-cooperative.
M. NON-COOPERATION
40. In case any interested party refuses access to and otherwise does not provide necessary
information within a reasonable period, or significantly impedes the investigation, the Authority
may declare such interested party as non-cooperative and record its findings based on 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 NATH YADAVA Digitally signed by GORAKHA NATH YADAVA
Date: 2025.04.02 08:40:53 +0530