Full Text
REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-03102025-266635
EXTRAORDINARY
PART I-Section 1
PUBLISHED BY AUTHORITY
No. 297]
NEW DELHI, TUESDAY, SEPTEMBER 30, 2025/ASVINA 8, 1947
6548 GI/2025
(1)
MINISTRY OF COMMERCE AND INDUSTRY
(Department of Commerce)
(Directorate General of Trade Remedies)
INITIATION NOTIFICATION
New Delhi, the 30th September, 2025
Case No. AD (OI) – 28/2025
Subject: Initiation of anti-dumping investigation concerning imports of Borosilicate Table and
Kitchen Glassware originating in or exported from China PR
F. No. 6/31/2025-DGTR.—An application has been filed by Borosil Limited (hereinafter referred to as the
'applicant') before the Designated Authority (hereinafter referred to as the ‘Authority'), in accordance with the
Customs Tariff Act, 1975 as amended from time to time (hereinafter 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'), for initiation of an anti-
dumping investigation and imposition of anti-dumping duty on imports of Borosilicate Table and Kitchen Glassware
(hereinafter referred to as 'subject goods' or 'product under consideration'), originating in or exported from China PR
(hereinafter referred to as the 'subject country').
The applicant has alleged that dumped imports of the subject goods from China PR have materially retarded the
establishment of the domestic industry. Accordingly, the applicant has requested for the imposition of anti-dumping
duty on imports of the subject goods from the subject country.
A. PRODUCT UNDER CONSIDERATION
1. The product under consideration is 'Borosilicate Table and Kitchen Glassware' or Borosilicate Tableware and
Kitchenware. The product under consideration is an end-use product used for the purpose of cooking, baking,
serving and storage available in various forms. The product under consideration includes borosilicate table and
kitchen glassware in the form of mixing bowls, serving bowls, baking dish, oval dish, cake dish, souffle dish,
roaster dish, casserole with lid and / or handle, oven bowl, storage container, tea cup / mugs, plates, uno cups,
kattori and drinking glasses. However, the following product types are expressly excluded from the product
scope -
a. Jars
b. Carafe
с. Tea/Coffee Kettle
d. Water / Juice Jug
e. Water Bottle
f. Round Storage Jar
g. Square Storage Jar
h. Oil Dispensers
2. The product under consideration is made from borosilicate glass which is produced using boric oxide or borax,
silica sand, soda ash and alumina. The product under consideration is heat resistant and chemical resistant. It is
immune to thermal shock which enables the product to withstand extreme temperatures making it safe for
cooking devoid of chemical precipitation.
3. The product under consideration is classified under Chapter 70 of Schedule I to the Customs Tariff Act and are
imported under tariff items 7013 2800, 7013 3700, 7013 4200, 7013 4900 and 7013 9900. The customs
classification is indicative only and is not binding on the scope of the product under consideration.
4. The applicant has proposed the following product control numbers (PCNs) for the purpose of the present
investigation, considering the difference in terms of cost and price.
a. Borosilicate Table and Kitchen Glassware production without packing
b. Borosilicate Table and Kitchen Glassware production with packing but without lids and accessories
с. Borosilicate Table and Kitchen Glassware production with packing and lid but without accessories
d. Borosilicate Table and Kitchen Glassware production with packing, lid and accessories.
5. However, it is noted that the PCNs proposed by the applicant are not directly identifiable in the import data
available with the Authority. Accordingly, based on the description of the product in the import data and
proposal by the applicant, the Authority has adopted the following PCNs for the purpose of present initiation -
a. Borosilicate Table and Kitchen Glassware production with packing but without lids and accessories
b. Borosilicate Table and Kitchen Glassware production with packing, lid and accessories.
6. Interested parties in the present investigation may provide their comments, duly substantiated with evidence,
on the scope of the product under consideration and the proposed PCNs, if any, within thirty (30) days of
initiation of this investigation.
B. LIKE ARTICLE
7. The applicant has stated that there is no known difference between the product produced by the domestic
industry and the product imported from the subject country. The product produced by the applicant and that
imported from the subject country are comparable in terms of physical and chemical characteristics,
manufacturing process and technology, functions and uses, product specifications, pricing, distribution and
marketing, and tariff classification. The imported product and the product manufactured by the applicant are
technically and commercially substitutable. The applicant has claimed that consumers of the subject goods are
using the imported and domestically produced product interchangeably. Thus, for the purposes of the present
investigation, the product produced by the applicant has been considered as “like article” to the product being
imported from subject country.
C. DOMESTIC INDUSTRY AND STANDING
8. The application has been filed by Borosil Limited. The applicant set up the first plant for production of the
subject goods in India and commenced commercial production on 28th March 2024. The applicant has claimed
that there are no other producers of the product under consideration in India and it is the sole producer of the
subject goods in the country.
9. The applicant has stated that it is not related to any exporter of the subject goods from the subject country or
importer of the subject goods in India.
10. The applicant has submitted that during the period of investigation, it imported the subject goods from the
subject country. It is noted that the applicant is a new producer and has commenced production only during the
period of investigation. Since the product under consideration includes a large variety of products where each
product requires a different mould, the applicant initially produced products with high demand. Thus, in order
to supply a full product range and to retain its customers, the applicant was forced to import the subject goods.
It is noted that the applicant has made significant investment to set up the first plant for production of subject
goods in the country. The primary focus of the applicant remains on manufacturing in India, and not trading the
subject goods. Considering the facts of the case, it is noted that the applicant is eligible to constitute domestic
under Rule 2(b) of the Rules.
11. The Authority notes that the applicant is the sole producer of like article in India. The applicant account for
100% of the total domestic production in India. In view of the same and after due examination, the Authority
notes that the applicant constitutes eligible domestic industry in terms of Rule 2(b) of the Rules, and the
application satisfies the criteria of standing in terms of Rule 5(3) of the Rules.
D. SUBJECT COUNTRY
12. The subject country for the present anti-dumping investigation is China PR.
E. PERIOD OF INVESTIGATION
13. The period of investigation for the purpose of the present investigation is 1st April 2024 to 31st March 2025 (12
months). Accordingly, the injury investigation period will cover the period 1st April 2021 to 31st March 2022,
1st April 2022 to 31st March 2023, 1st April 2023 to 31st March 2024, and the period of investigation.
F. BASIS FOR ALLEGED DUMPING
Normal value
14. The applicant has claimed that China PR should be treated as a non-market economy and unless the Chinese
producers demonstrate that market economy conditions prevail in the industry, their normal value should be
determined in terms of Paragraph 7 of Annexure-I to the Rules.
15. The applicant has claimed that data relating to cost or price in an appropriate market economy, a third country
or recourse to other alternative methods are not available at this stage. Accordingly, the applicant has
determined normal value based on the price payable in India, based on its cost of production plus reasonable
profit. The normal value claimed by the applicant has been considered as appropriate for the purpose of
initiation.
Export price
16. The export price of the subject goods has been determined by considering CIF price of each of the subject
goods, as reported in the DG Systems import data. Price adjustments have been on account of ocean freight,
marine insurance, port expenses, bank charges, inland freight and commission to arrive at the ex-factory export
price. The export price claimed by the applicants has been considered as appropriate for the purpose of
initiation.
Dumping margin
17. The normal value and export price of the subject goods have been compared at the ex-factory level, which
prima facie shows that the dumping margin is above de-minimis level and is significant in respect of the
product under consideration imported from the subject country. Thus, there is prima facie evidence that the
subject goods imported from the subject country are being dumped by the exporters in the Indian market.
G. INJURY AND CAUSAL LINK
18. The applicant has provided prima facie evidence establishing that the dumping of the subject imports has
materially retarded the establishment of the domestic industry in the country. The applicants have claimed that
the subject imports have entered the Indian market at significantly low prices and that such imports are
significantly undercutting the prices of the domestic industry. Further, the subject imports are priced lower than
the cost of sales and the fair selling price of the domestic industry. The applicants have claimed that it was
unable to fully utilize its capacities and its production volume declined at each stage of the production. As a
result, the domestic industry suffered increased inventories. The domestic industry incurred significant losses,
cash losses and earned negative return on investment. It has also been claimed that the actual performance of
the domestic industry was lower than its projected performance in the project feasibility analysis.
19. Therefore, the is sufficient prima facie evidence that the dumped imports caused material retardation to the
establishment of domestic industry in the county.
H. INITIATION OF ANTI-DUMPING INVESTIGATION
20. On the basis of the duly substantiated application filed by or on behalf of the domestic industry, and having
satisfied itself, on the basis of the prima facie evidence submitted by the applicant, substantiating the dumping
of the subject goods from the subject country, injury to the domestic industry in the form of material
retardation and the causal link between such dumped imports and injury, and in accordance with Section 9A of
the Act read with Rule 5 of the Rules, the Authority, hereby, initiates an 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 prevent material retardation to the establishment of the domestic industry.
I. PROCEDURE
21. The principles as given in Rule 6 of the Rules will be followed in the present investigation.
J. SUBMISSION OF INFORMATION
22. All communication should be sent to the Authority via email at email addresses dd19-dgtr@gov.in and dd18-
dgtr@gov.in, with a copy to adv11-dgtr@gov.in and consultan-dgtr@govcontractor.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.
23. The known producers/exporters in the subject country, the government of the subject country through its
embassy in India, and the importers and users in India who are known to be associated with each of the subject
goods are being informed separately to enable them to file all the relevant information within the time limits set
out below. All such information must be filed 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
manner 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 required to make a non-confidential
version of the same available to the other interested parties.
26. Interested parties are further advised to regularly visit the official website of the Directorate General of Trade
Remedies (https://www.dgtr.gov.in) for any updated information as well as further processes related to the
investigation.
K. TIME LIMIT
27. Any information/submission relating to the present investigation should be sent to the Authority via email at
email addresses dd19-dgtr@gov.in and dd18-dgtr@gov.in, with a copy to adv11-dgtr@gov.in and consultan-
dgtr@govcontractor.in, within thirty (30) days from the date of receipt of this notice as per Rule 6(4) of the
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 subject country. If no information is received within the prescribed 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 Rules.
28. All 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.
L. SUBMISSION OF INFORMATION ON CONFIDENTIAL BASIS
29. Where any party makes any 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. Failure to adhere to the same may lead to rejection of the response / submissions.
30. Such submissions must be clearly marked as "confidential" or "non-confidential" at the top of each page. Any
submission 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.
31. 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 the information which 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.
32. The non-confidential version of the information filed 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 depending upon the
information on which confidentiality is claimed.
33. 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 summary,
and a statement of reasons containing a sufficient and adequate explanation in terms of Rule 7 of the Rules, 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.
34. Other interested parties can offer their comments on the issues of confidentiality claimed in the submissions by
an interested party within seven (7) days from the date of circulation of the non-confidential version of the
submission.
35. Any submission made without a meaningful non-confidential version thereof or a sufficient and adequate 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.
36. 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.
37. 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.
M. INSPECTION OF PUBLIC FILE
38. 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 might lead to consideration of an interested part as non-
cooperative.
N. NON-COOPERATION
39. In case any interested party refuses access to, or 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, record its
findings based on the facts available and make such recommendations to the Central Government as it deems
fit.
SIDDHARTH MAHAJAN, 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.
AMIT KUMAR JAISWALDIMAR JAISAL