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EXTRAORDINARY
PART I —Section 1
PUBLISHED BY AUTHORITY
ubZ fnYyh] 30 जसतम् ब र] 2023
No. 249] NEW DELHI, SATURDAY , SEPTEMBER 30, 2023/ ASVINA 8, 194 5
CG-DL-E-03102023-249115
MINISTRY OF COMMERCE AND INDUSTRY
(Department Of Commerce )
(DIRECTORATE GENERAL OF TRADE REMEDIES)
INITIATION NOTIFICATION
New Delhi , the 30th September , 2023
Case No – AD(OI) – 16/2023
Subject: Initiation of anti -dumping investigation concerning imports of “Poly Vinyl Chloride Paste Resin”
originating in or export ed from China PR, Korea RP, Malaysia, Norway, Taiwan & Thailand.
F. No. 06/1 7/2023 -DGTR. —M/s Chemplast Sanmar Limited (hereinafter referred to as the “applicant”) has
filed an application before the Designated Authority (hereinafter referred to as the ‘Au thority’), in accordance with the
Customs Tariff Act, 1975 as amended from time to time (hereinafter referred 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 on imports of ‘Poly Vinyl Chloride Paste Resin’ (hereinafter referred to as the ‘product under
consideration’ or ‘subject goods’ or ‘PVC Paste Resin’), originating in or exported from China PR, Korea RP,
Malaysia, Norway, Taiwan & Thailand (hereinafter referred to as the “subject countries”).
2. The applicant has alleged that material injury is being caused to the dome stic industry due to the alleged
dumped imports, originating in or exported from the subject countries and has 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 is ‘ Poly Vinyl Chloride Paste Resin ’ also known as Emulsion PVC Resin.
4. PVC Paste Resin is produced using Vinyl Chloride Monomer and is usually sold in the form of white/off -
white powder. The PUC is primarily used for manufac turing artificial leather and the other uses of the product are in
the manufacturing of rexene, coated fabrics, tarpaulins, conveyer beltings, toys, automotive sealant, adhesives, and
gloves.
5. The following products are excluded from the scope of PUC:
a. Product under consideration with K value below 60K
b. PVC Blending Resin
c. Co-polymers of the PVC paste resin
d. Battery separator resins
6. The product under consideration is classified under Chapter 39 of the Customs Tariff Act, 1975 under
subheading 390410 of t he Tariff Classification and has a dedicated classification under ITC HS Code 39041010. The
customs classification is indicative only and not binding on the scope of the product under consideration for the
proposed investigation.
7. The parties to the presen t investigation may provide their comments on the PUC and propose PCNs, if any,
within 15 days of circulation of the non -confidential version of the documents filed before the Authority as indicated
in paragraph 27 of this initiation notification.
B. Like Ar ticle
8. The applicant has submitted that there are no significant differences in the subject goods produced by the
applicant and exported from the subject countries and both are like articles. The product produced by the applicant and
imported from the subj ect countries 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 classifica tion 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 Rules. Thus, for the purposes of initiation of the present in vestigation, the article produced by the applicant
has been prima facie considered as like article to the product being imported from the subject countries.
C. Domestic Industry & Standing
9. The application has been filed by M/s Chemplast Sanmar Ltd. Apart fro m the applicant, there is one other
producer in India i.e., Finolex Industries Ltd. , which has supported the instant application filed by the applicant. The
applicant and Finolex Industries Ltd are the only two producers of the product under consideration in India. As
submitted, their production together constitutes 100% of the total domestic production in India. The applicant has
further stated that it has not imported the PUC from the subject countries and is not related to any exporters in the
subject co untries nor to any importers in India.
10. In view of the above, the Authority notes that the applicant constitutes ‘domestic industry’ within the
meaning of Rule 2(b) of the AD Rules and the application satisfies the criteria of standing in terms of Rule 5(3) of the
AD Rules.
D. Subject Country
11. The subject countries in the present investigation are China PR, Korea RP, Malaysia, Norway, Taiwan &
Thailand.
E. Period of Investigation
12. The period of investigation (POI) for the investigation is from April 2022 to March 2023 (12 months). The
injury examination period is 1st April 2019 to 31st March 2020, 1st April 2020 to 31st March 2021, 1st April 2021 to 31st
March 2022, and the POI.
F. Procedure
13. The provisions stipulated in of Rule 6 of the Anti -Dumping Rules shall be fo llowed in this investigation.
G. Basis for alleged dumping
Normal Value for China PR
14. The applicant has submitted that China PR should be treated as a non -market economy and that producers
from China PR should be directed to demonstrate that market economy c onditions prevail in the industry with regard
to the production and sales of the subject goods. Unless the producers from China PR show that such market economy
conditions prevail, their normal value should be determined in accordance with Para 7 of Annexu re-I to the Anti -
Dumping Rules,1995.
15. Therefore, for the purpose of initiation of the investigation, the normal value has been constructed based on
the estimates of the cost of production of the applicant duly adjusted with selling, general and administrat ive expenses,
along with a reasonable profit margin.
Normal Value for Korea RP, Malaysia, Norway, Taiwan & Thailand
16. The applicant proposed to compute the normal value for the subject countries based on the cost of production
of the applicant, duly adjusted for the materials, utilities, and labor to reflect the costs in the subject countries.
17. The Authority, for the purpose of initiation, has prima facie determined the normal values for Korea RP,
Malaysia, Norway, Taiwan & Thailand on the basis of cost of pr oduction of the applicant duly adjusted for selling,
general and administrative expenses and reasonable profits.
Export Price
18. The export price of the subject goods from the subject countries has been estimated by considering
transaction -wise import data p rovided by DGCI&S. The Authority has, thereafter, made necessary adjustments to
arrive at the net export price.
Dumping Margin
19. 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 subject goods imported from the
subject countries. Thus, there is sufficient prima facie evidence that the product under consideration from the subject
countries is being dumped in the domestic mark et of India by the exporters from the subject countries.
H. Injury and Causal Link
20. The applicant has provided prima facie evidence with respect to the injury suffered by the domestic industry
because of the dumped imports. The volume of the subject imports from the subject countries is significant in absolute
as well as relative terms. The applicant contends that the subject imports have had an adverse impact on the
profitability parameters of the domestic industry due to which the cash profits, PBIT, and RO CE have registered a
very significant decline. The price undercutting from the subject countries as a whole is positive. The price
suppression and depression caused by dumped imports have been preventing the domestic industry from increasing its
prices to recover the full cost and achieve a reasonable rate of return. There has also been an increase in the inventory
levels of the domestic industry during POI as compared to the previous year.
I. Initiation of Anti -Dumping Investigation
21. 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 countries, 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 Rul es, 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 anti -dumping duty, which if levied, would be adequate to remove the injury to the domestic
industry.
J. Submission of Information
22. All communication should be sent to the Designated Authority via email at email addresses dd11 -
[email protected] and [email protected] with a copy to adg14 [email protected] and adv13 [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.
23. The known producers/exporters in the subject countries, the government of the subject countries through its
Embassy in India, and the importe rs 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 fil ed in the form and manner as prescribed by this initiation
notification, the Rules, and the applicable trade notices issued by the Authority.
24. Any other interested party may also make a submission relevant to the present investigation in the form and
manne r as prescribed by this initiation notification, the Rules, and the applicable trade notices issued by the Authority
within the time limits mentioned in this initiation notification.
25. Any party making any confidential submission before the Authority is req uired to make a non -confidential
version of the same available to the other interested parties.
26. 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
27. Any information relating to the present investigation should be sent to the Designated Authority via em ail at
email address dd11 [email protected] and dd16 [email protected] with a copy to adg14 [email protected] and adv13 [email protected]
within 30 days from the date on which the non -confidential version of the documents filed by the domestic industry
would be circulated by the Designated Authority or transmitted to the appropriate diplomatic representative of the
export ing countries as per Rule 6(4) of the Rules. 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 R ules.
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 as stipulated in this notification.
29. Where an intere sted 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 Inform ation on Confidential Basis
30. Where any party to the present investigation makes confidential submissions or provides information on a
confidential basis before the Authority, such party is required to simultaneously submit a non -confidential version of
such information in terms of Rule 7(2) of the Rules and in accordance with the relevant trade notices issued by the
Authority in this regard.
31. Such submissions must be clearly marked as “confidential” or “non -confidential” at the top of each page.
Any submissio n that 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.
32. The confidential version s hall 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 confiden tiality 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.
33. The non -confidential version of the information f iled by the interested parties should 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 depen ding upon the information on
which confidentiality is claimed.
34. 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 cir cumstances, 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 Rules, 1995, and
appropria te trade notices issued by the Authority, as to why such summarization is not possible, must be provided to
the satisfaction of the Authority.
35. 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 as indicated in
paragraph 27 of this initiation notification.
36. Any submission made without a meaningful non -confidential version thereof or a sufficient and adequa te
cause statement in terms of Rule 7 of the Rules, and appropriate trade notices issued by the Authority, on the
confidentiality claim shall not be taken on record by the Authority.
37. The Authority may accept or reject the request for confidentiality on ex amination 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 disclosur e in
generalized or summary form, it may disregard such information.
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 pro viding such information.
39. 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.
M. Non-Cooperat ion
40. 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, t he 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
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