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REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-02072024-255070
EXTRAORDINARY
PART I—Section 1
PUBLISHED BY AUTHORITY
No. 171]
NEW DELHI, SUNDAY, JUNE 30, 2024/ASHADHA 9, 1946
3857 GI/2024
MINISTRY OF COMMERCE AND INDUSTRY
(Department of Commerce)
(DIRECTORATE GENERAL OF TRADE REMEDIES)
INITIATION NOTIFICATION
New Delhi, the 29th June, 2024
Case No. AD (OI)-12/2024
Subject: Initiation of anti-dumping investigation concerning imports of "T-Shaped Elevator/Lift Guide Rails
and Counterweight Guide Rails" originating in or exported from China PR.
F. No. 6/14/2024-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 "Rules" or the "AD Rules"), Savera India Riding Systems Company Private
Limited (hereinafter also referred to as the “petitioner” or “domestic industry”) has filed an application before the
Designated Authority (hereinafter also referred to as the “Authority"), for initiation of an antidumping investigation on
imports of T-Shaped Elevator/Lift Guide Rails and Counterweight Guide Rails (hereinafter also referred to as the
"product under consideration” or “PUC" or "subject goods") originating in or exported from China PR (hereinafter
also referred to as the "subject country").
2. The petitioner has alleged that injury to the domestic industry is being caused due to dumped imports of the
subject goods originating in or exported from the subject country and has requested for the imposition of
anti-dumping duty on the imports of the subject goods originating in or exported from the subject country.
A. Product under consideration
3. The product under consideration in the present investigation is T-shaped Elevator/Lift Guide Rails and
Counterweight Guide Rails, which are also known as Lift Guide Rails. Lift Guide Rails are of two types i.e.,
Solid Guide Rails and Hollow Guide Rails. Solid Guide Rails are T-shaped Guide Rails manufactured by
machining or by cold-drawing T-profiles and are used for car guide rail applications and counterweight /
balancing weight guide rail applications. Hollow Guide Rails are made of formed sheet metal and can be
either open profiles or closed profiles and are used for counterweight / balancing weight guide rail
applications. The PUC provides a guiding structure to ensure smooth and safe travel of the elevator car and
counterweight/balancing weight.
4. The scope of the PUC includes T-Shaped Elevator/Lift Guide Rails and Counterweight Guide Rails of all
types and dimensions, excluding the following:
i. Cold-Drawn Guide Rails: These solid guide rails are manufactured through a cold-drawing
process, which gives the final dimensions of the finished guide rails and modifies their mechanical
properties and the surface characteristics (roughness).
ii. Solid Guide Rails of large sizes / widths, i.e., T114/B, T127/B, T125/B and T140/B in different
variants. These guide rails are referred to as special guide rails due to their large size.
iii. Welded Hollow Guide Rails: These hollow guide rails are manufactured by welding the edges of
the hollow guide rails normally by high frequency welding process or another equivalent welding
process.
5. The product under consideration is classifiable under Chapter 84, under the tariff heading 8431 and the tariff
item 8431 31 00 "Of lifts, skip hoists or escalators" and 8431 39 10 “Of elevators, conveyors and moving
equipment" of the first schedule to the Customs Tariff Act, 1975. The subject goods are also imported under
tariff item 8431 39 00 Others'. However, the petitioner has claimed that there is possibility of import of the
product under consideration under any other heading / tariff item. Therefore, the tariff item for the product
under consideration is only indicative and in no way binding upon the product scope.
6. The petitioner has proposed the following product control number (PCN) for the product under consideration
for fair comparison:
+-------+-------------------+-----------------+-----------+
| S. No. | Parameter | Type | PCN Code |
+=======+===================+=================+===========+
| 1 | Type of Guide Rails | Solid Guide Rails | SGR |
+-------+-------------------+-----------------+-----------+
| 2 | | Hollow Guide Rails| HGR |
+-------+-------------------+-----------------+-----------+
7. The parties to the present investigation may provide their comments on the product under consideration and
propose PCNs (with justification), if any, within 15 days of initiation of this investigation.
B. Like article
8. The domestic industry has submitted that there are no significant differences in the product produced by the
domestic industry and exported from the subject country and both are like articles. The product produced by
the domestic industry and imported from the subject country are comparable in terms of essential product
characteristics such as physical and chemical characteristics, manufacturing process & technology, functions
& usage, product specifications, pricing, distribution & marketing, and tariff classification of the goods.
Consumers can use and have been using the two interchangeably. The two are technically and commercially
substitutable, and hence, should be treated as 'like article' under the AD Rules. Thus, for the purposes of
initiation of the present investigation, the product produced by the domestic industry has been prima facie
considered as like article to the product being imported from the subject country.
C. Domestic industry and standing
9. The petition has been filed by Savera India Riding Systems Company Private Limited. It has been claimed
that as per the petitioner's information, there are two more producers of the PUC in India namely N. Liftee
Engineers and Nav Durga Steel Corporation. The petition has been supported by N. Liftee Engineers, who
has provided quantitative information regarding its capacity, production and sales of the PUC. The petitioner
alone constitutes 89% of the total Indian production. The share of the petitioner along with the supporter is
95% of the total Indian production.
10. The petitioner has imported a miniscule quantity of the PUC from the subject country during the POI for
localizing production and facilitating product reengineering efforts. It has been claimed that the imports made
by the petitioner is negligible in terms of its own production, sales, total imports and the demand of the PUC
in India.
11. The petitioner has affiliated companies in China PR involved in manufacturing and selling of the PUC. The
Chinese affiliated companies have exported a miniscule quantity of the PUC to India. The petitioner has
claimed that despite having affiliated companies in the subject country, the petitioner still constitutes
domestic industry because its affiliated exporters from China has exported miniscule quantity in relation to
the total imports of the PUC in India in the POI. The significant share of the imports of the PUC are made by
the unaffiliated producers/exporters from China.
12. Considering the claims of the petitioner and evaluating the volume of imports made by the petitioner and the
volume of exports made by the petitioner's affiliated exporters from China, the Authority considers it
appropriate to hold that prima facie, the petitioner constitutes domestic industry under Rule 2(b).
13. From the information on record, the petitioner along with and without the supporter, accounts for a major
proportion of the total domestic production of the like article in India. Accordingly, the petitioner prima facie
constitutes domestic industry as defined under Rule 2(b) of the AD Rules, and the petition prima facie
satisfies the requirement of standing in terms of Rule 5(3) of the AD Rules.
D. Subject country
14. The subject country in the present investigation is China PR.
E. Period of investigation
15. The period of investigation (POI) for the investigation is from 1st January 2023 to 31st December 2023 (12
Months). The injury examination period covers the periods from 1st April 2020 to 31st March 2021, 1st April
2021 to 31st March 2022, 1st April 2022 to 31st March 2023 and the POI.
F. Dumping margin computation
a. Normal Value
16. The petitioner has claimed that in terms of Article 15(a)(i) of China's Accession Protocol and Para 7 of the
Annexure I to the AD Rules, the normal value of producers of China PR may be determined based on the
costs or domestic selling prices prevailing in China PR only if the responding producers from China PR
demonstrate that their cost and price information are based on market driven principles and allow for fair
comparison in terms of paras 1 to 6 of Annexure-I to the AD Rules, failing which, normal value for the
Chinese producers must be determined based on paras 7 and 8 of Annexure-I to the AD Rules.
17. The petitioner has also claimed that the data relating to cost or price in a market economy third country or
recourse to other alternative methods is not available at this stage. 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.
b. Export price
18. The export price of the subject goods has been computed by considering the CIF price reported in the DG
Systems data. The price adjustments have been made on account of ocean freight, marine insurance and other
expenses on account of bank charges, port expenses, inland freight and loading and unloading charges as
claimed by the petitioner.
с. Dumping margin
19. The normal value and the export price have been compared at the ex-factory level, which prima facie shows
that the dumping margin is above the de-minimis level and significant in respect of the product under
consideration from the subject country.
G. Allegation of Injury and Causal Link
20. Information furnished by the petitioner has been considered for assessment of injury to the domestic industry
on account of dumped imports of the subject goods from the subject country. The volume of the subject
goods from the subject country has increased in absolute as well as relative terms. The price undercutting
from the subject country is positive. The landed price of the subject imports had the depressing effect on the
prices of the domestic industry. The petitioner has claimed that because of the adverse volume and price
effect of the dumped imports, its performance has deteriorated in respect of capacity utilization, market share,
domestic sales, cash profit, profit and return on investment. The petitioner has also claimed the threat of
injury to the domestic industry due to dumped imports. There is sufficient prima facie evidence that the
domestic industry has suffered material injury and threat of injury due to dumped imports from the subject
country to justify the initiation of the anti-dumping investigation.
H. Initiation of the Anti-dumping investigation
21. On the basis of the duly substantiated written application submitted by the domestic industry and having
reached satisfaction based on the prima facie evidence submitted by the domestic industry 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 product under
consideration 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
22. The provisions stipulated in Rule 6 of the AD Rules shall be followed in this investigation.
J. Submission of information
23. All communication should be sent to the Designated Authority via email at email addresses jd12-
[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 MS-Excel format.
24. The known producers/exporters in the subject country, the government of the subject country through its
embassy 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.
25. Any other interested party may also make a 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.
26. 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.
27. Interested parties are further directed to regularly visit the official website of the Directorate General of Trade
Remedies (https://www.dgtr.gov.in/) to stay updated and apprised with the information as well as further
processes related to the investigation.
K. Time-limit
28. Any information relating to the present investigation should be sent to the Designated Authority via email at
the email addresses [email protected] and [email protected] with a copy to [email protected] and
[email protected] within 30 days from the date of receipt of the notice as per Rule 6(4) of
the AD Rules. It may, however, be noted that in terms of explanation of the said AD Rules, 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 country. 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.
29. 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.
30. The interested parties are further advised to keep a regular watch on the official website of DGTR at
www.dgtr.gov.in for any updated information with respect to this investigation. Interested parties are directed
to regularly visit the website of DGTR (https://dgtr.gov.in/) to stay apprised with further developments in the
subject investigation and remain informed regarding notices that may be issued from time to time regarding
questionnaire formats, PCN methodology, PCN_discussion/meeting schedule, notice of oral hearing,
corrigendum, amendment notifications, and other such information. This will ensure that all interested parties
to the subject investigation remain well aware of the progress and information pertaining to the subject
investigation.
31. 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
stipulated time as per this notification.
L. Submission of information on a confidential basis
32. 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 and the Trade Notices issued in this regard. Failure to adhere to the above may lead to
rejection of the response/submissions.
33. The parties making any submission (including Appendices/Annexes attached thereto), before the Authority
including questionnaire response, are required to file confidential and non-confidential versions separately.
34. 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.
35. The confidential version shall contain all information that is by nature confidential and/or other information
which the supplier of such information claims as confidential. For information that 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.
36. 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.
37. The interested parties can offer their comments on the issues of confidentiality claimed by the other
interested parties within 7 days from the date of circulation of the non-confidential version of the documents.
38. 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.
39. Any submission made without a meaningful non-confidential version thereof or without a good cause
statement on the confidentiality claim shall not be taken on record by the Authority.
M. Inspection of Public File
40. 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/response/information to all other
interested parties. Failure to circulate nonconfidential version of submissions/response/information might
lead to consideration of an interested party as non-cooperative.
N. Non-cooperation
41. 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 it deems
fit.
ANANT SWARUP, 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: 2024.07.02 15:35:39
+05'30
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