Full Text
REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-02072025-264263
EXTRAORDINARY
PART I—Section 1
PUBLISHED BY AUTHORITY
No. 188]
NEW DELHI, MONDAY, JUNE 30, 2025/ Ashadha 9, 1947
MINISTRY OF COMMERCE AND INDUSTRY
(DEPARTMENT OF COMMERCE)
(Directorate (General of Trade Remedies)
INITIATION NOTIFICATION
New Delhi, the 30th June,, 2025
Case No. AD (OI) 23/2025
Subject: Initiation of Anti-dumping Investigation Concerning Imports of “Linear Low-Density
Polyethylene" (LLDPE) originating in or exported from the State of Kuwait, Malaysia, the
Sultanate of Oman, the State of Qatar, the Kingdom of Saudi Arabia and the United Arab
Emirates
F.No. 6/26/2025-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"), the Chemicals and Petrochemicals Association of India (hereinafter referred to as “CPMA”
(hereinafter referred to as the "Applicant Association"), has filed an application before the
Designated Authority (hereinafter referred to as the “Authority") seeking initiation of anti-dumping
investigation concerning imports of “Linear Low-Density Polyethylene" (hereinafter also referred to
as "LLDPE"), from the State of Kuwait, Malaysia, the Sultanate of Oman, the State of Qatar, the
Kingdom of Saudi Arabia and the United Arab Emirates.
2. The Applicant Association has alleged that LLDPE originating in or exported from the
aforementioned countries has caused material injury to the domestic industry. Accordingly, the
Applicant Association has requested for the imposition of anti-dumping duties on the imports of
LLDPE from the aforementioned countries.
A. PRODUCT UNDER CONSIDERATION
3. The product under consideration (hereinafter referred to as "PUC") in the present investigation is
Linear Low-Density Polyethylene (hereinafter also referred to as "subject goods"). LLDPE is a
copolymer of ethylene and other alkenes such as butene, hexene or octene. This results in an
essentially linear chain arrangement, with the comonomer (i.e. the butene, hexene or octene) forming
short, regular chains on the main carbon backbone. It is a colourless, non-flammable, non-reactive
solid with no odour. It is primarily used in raw material for plastic processing industry to make a
variety of products such as packaging films, profiles, wire & cable, extrusion coating, rotational
moulded, product, hi-flow grades for injection moulding, master batches etc.
4. The subject goods are classified under Chapter 39 titled “Plastics and articles thereof” under HS
Codes 3901 10 10 and 3901 40 10. The customs heading is indicative only and is not binding upon
the scope of the PUC.
5. The parties to the present investigation may provide their comments on the scope of the PUC and
propose PCNs, if any, within 15 days of the initiation of this investigation.
B. LIKE ARTICLE
6. The applicant association has claimed that there are no known differences in the subject goods
manufactured by applicant producers and the subject goods imported from the subject countries. The
subject goods from the two sources are comparable in terms of physical and chemical characteristics,
functions and uses, and distribution and marketing. The two goods are technically and commercially
substitutable. Consumers have used and are using the goods interchangeably. Thus, for the purpose
of the present investigation, the subject goods produced by the applicant producers and the subject
goods imported from the subject countries are being treated as ‘like article' to each other.
C. DOMESTIC INDUSTRY AND STANDING
7. The present application has been filed by CPMA, on behalf of Haldia Petrochemicals Limited
(hereinafter referred to as "HPL") and HPCL-Mittal Energy Limited ((hereinafter referred to as
"HMEL"), hereinafter collectively referred to as the “applicant producers”. The application has also
been supported by Reliance Industries Limited. The applicant producers have not imported the
subject goods from the subject countries during the POI.
8. On the basis of the information available on record, the Authority has satisfied itself that the
applicant producers constitute domestic industry in terms of Rule 2(b) of AD Rules, 1995. Further,
the application also satisfies the requirements of standing in terms of Rule 5(3) of AD Rules, 1995.
D. SUBJECT COUNTRIES
9. The subject countries in the present investigation are the State of Kuwait (hereinafter referred to as
"Kuwait"), Malaysia, the Sultanate of Oman (hereinafter referred to as "Oman"), the State of Qatar
(hereinafter referred to as “Qatar"), the Kingdom of Saudi Arabia (hereinafter referred to as "Saudi
Arabia") and the United Arab Emirates (hereinafter referred to as "UAE").
E. PERIOD OF INVESTIGATION (“POI")
10. The period of investigation (POI) for the present investigation is 1st January 2024 to 31st December
2024 (12 months). The injury period for the investigation will cover the periods FY 2021–22, FY
2022-23, FY 2023-2024 and the period of investigation.
F. BASIS OF DUMPING
i. Normal value
11. The Applicant Association has stated in its application that it made attempts to obtain the prevailing
price of subject goods in the subject countries as well as details of price of exports of subject goods
from the subject countries. However, the Applicant association was not able to find any credible
source of information to establish such prices. Further, the applicant association has also claimed that
export prices from the subject countries to third countries are likely to be dumped prices on account
of aggressive export market targeting by producers based in the subject countries.
12. The Applicant Association has stated that as normal value cannot be determined on the basis of
methods mentioned above, the applicant has proposed to construct the normal value in terms of
Explanation (ii) (b) of Section 9.A of the Customs Tariff Act, 1975, that is, on the basis of cost of
production of the subject goods considering the international price of major raw material (ethylene)
and remaining cost estimates based on the domestic industry's data. However, evidence pertaining to
the international prices of major raw material could not be verified at this stage. Accordingly, normal
value has been constructed based on the best estimates of the cost of production of domestic industry
duly adjusted with selling, general and administrative expenses, along with a reasonable profit
margin.
ii. Export Price
13. The applicant association has claimed CIF export price based on market intelligence. The Authority
has considered import price based on DG Systems data. Adjustments on account of freight,
insurance, commission, port expenses and bank charges were made to arrive at ex-factory export
price.
iii. Dumping margin
14. Upon comparison of normal value and the export price at ex-factory level it is prima facie noted that
the weighted average dumping margin is above de minimis level and is also significant. There is
prima facie evidence that the product under consideration is being dumped into the Indian market by
the exporters from the subject countries.
G. Injury and Causal link
15. The volume of imports from the subject countries have increased in absolute as well as relative terms
in the POI. Although the market share of the domestic industry has increased in the POI compared to
the base year, the Applicant Association has explained that the same was on account of
commencement of production by HMEL in August 2023, because of which volumetric parameters
show improvement.. Further, subject goods from the subject countries have suppressed the prices of
the domestic industry. The decline in profitability parameters have intensified during the POI. Thus,
there is sufficient prima facie evidence regarding injury to the domestic industry due to dumped
imports of subject goods from the subject countries.
H. INITIATION OF ANTI-DUMPING INVESTIGATION
16. The subject countries were intimated prior to the initiation of the investigation in terms of Rule 5(5)
of AD Rules, 1995. Pursuant to the request for pre- initiation consultation received from the
Government of UAE under para 3 of Article 7.2 of India-UAE Comprehensive Economic
Partnership Agreement, a consultation was conducted with UAE on 29.06.2025 at 12 noon.
Subsequent to the consultation, they furnished their written comments and requested not to make
UAE a subject country in this investigation. But prima-facie evidence shows dumping, and material
injury to the domestic industry in POI, and therefore, UAE is being considered as one of the subject
countries in this investigation. However, the issues raised by them shall be examined during the
course of investigation.
17. On the basis of the duly substantiated written application submitted by the applicant, and having
reached satisfaction based on prima facie evidence submitted by the applicant concerning dumping
of the product under consideration originating in or exported from the subject countries, the
consequential injury to the domestic industry and 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, 1995 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 countries and to recommend the appropriate amount of the anti-dumping duty, which if
levied, would be adequate to remove the injury to the domestic industry.
I. PROCEDURE
18. The provisions of Rules 6 of the AD Rules, 1995 shall be followed in this investigation.
J. SUBMISSION OF INFORMATION
19. All communication should be sent to the Designated Authority via email at email addresses jd15-
dgtr@gov.in and dd16-dgtr@gov.in with a copy to adv13-dgtr@gov.in and consultant-dgtr@nic.in
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.
20. The known producers/exporters in the subject countries, the Governments of the subject countries
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 in 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 in this initiation notification, the AD Rules, 1995 and the applicable
trade notices issued by the Authority within the time limits 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/) to stay updated and apprised with the information as
well as the further process related to the investigation.
K. TIME LIMIT
24. Any information relating to the present investigation should be sent to the Authority via email at
email address jd15-dgtr@gov.in and dd16-dgtr@gov.in with a copy to adv13-dgtr@gov.in and
consultant-dgtr@nic.in 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 Authority or transmitted to the
appropriate diplomatic representative of the exporting countries 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 AD Rules, 1995.
25. All the interested parties are hereby advised to communicate their interest (including the nature of
interest) in the instant matter and file their questionnaire responses within the time limit as stipulated
in this notification.
26. Where an interested party seeks additional time for filing of submissions, it must mention 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 initiation 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 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.
30. 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 is
claimed to be confidential by the 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.
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 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.
32. 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.
33. The interested parties can offer their comments on the issues of confidentiality claimed by the
domestic industry within 7 days of the receipt of the non-confidential version of the application.
34. 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.
M. INSPECTION OF PUBLIC FILE
35. 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
36. 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.
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: 2025.07.02 14:04:17 +05'30'