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REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-13022024-252056
EXTRAORDINARY
PART I-Section 1
PUBLISHED BY AUTHORITY
No. 34]
NEW DELHI, TUESDAY, FEBRUARY 13, 2024/MAGHA 24, 1945
MINISTRY OF COMMERCE AND INDUSTRY
(Directorate General of Trade Remedies)
INITIATION NOTIFICATION
New Delhi, the 13th February, 2024
Case No. CVD (OI) – 04/2023
Subject: Initiation of countervailing duty investigation concerning imports of “Textured Tempered Coated and
Uncoated Glass" originating in or exported from Vietnam.
F. No. 6/32/2023-DGTR.—1.M/s Borosil Renewables Limited,(hereinafter referred to as the "applicant"),
has filed an application before the Designated Authority (hereinafter referred to as the 'Authority'), on behalf of
domestic industry, 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 Countervailing Duty on
Subsidized Articles and for Determination of Injury) Rules, 1995, as amended from time to time (hereinafter referred
to as the 'Rules'), seeking initiation of countervailing duty investigation by alleging subsidization of textured
tempered glass whether coated or uncoated", originating in or exported from Vietnam (hereinafter referred to as the
'subject country').
A. Allegation of subsidization
2. The applicant has alleged that the producers/exporters of the subject goods in the subject country have
benefitted from the actionable subsidies provided at various levels by the government of the subject country,
including the government of different provinces and municipalities in which producers/exporters are located,
and other public bodies. The applicant has relied upon the relevant laws, rules, regulations and other
notifications of the relevant government agencies and public bodies as available in the public domain and in
the determination of other investigating authorities who had conducted comprehensive investigations of such
schemes and concluded the existence of countervailable subsidy programs.
B. Consultation
3. In terms of Article 13 of the Agreement on Subsidies and Countervailing Measures (ASCM) pre-initiation
consultations were held on 26.12.2023 with the representatives of the Government of Vietnam. The comments
received from the Vietnamese government have been taken on record and the same will be duly taken into
consideration during the course of the investigation.
C. Subsidy programs
4. The prima facie evidence provided by the applicant shows that the producers and exporters of the subject
goods in the subject country have benefitted from a number of subsidy schemes/programs, granted by the
government of Vietnam and/or their respective public bodies as listed below. The alleged subsidies consist of
direct transfer of funds and potential direct transfer of funds or liabilities; government revenue that is otherwise
due is foregone or not collected; provision of goods and services for less than adequate remuneration; etc.
a. Import duty exemption on imports of raw materials for enterprises in non-tariff zones
b. Import duty exemption on imports of machinery and equipment
c. Reduction of corporate income tax
d. Exemption and reduction of land & water rent
e. Investment support
f. Investment credit by Vietnam Development Bank
5. It has been alleged that the above-mentioned schemes are subsidies since these involve a financial
contribution from the government of Vietnam or other regional or local, including public bodies and confer
a benefit on the recipient(s). These schemes are also alleged to be limited to certain enterprises or groups of
enterprises and/or products and/or regions and therefore specific and countervailable.
6. The Designated Authority reserves the right to investigate other subsidies, which may be found to exist and
availed by the producers and exporters of the subject goods, during the course of the investigation.
D. Allegation of injury and causal Link
7. The applicant has provided prima facie evidence with respect to the injury suffered by the domestic industry
because of the subsidized imports from Vietnam. The volume of the subject imports from the subject
country has increased in both absolute as well as in relative terms. The capacity utilization of the domestic
industry has declined. The price suppression and depression caused by the dumped imports have been
preventing the domestic industry from increasing its prices to recover the full cost and achieve reasonable
rate of return. The subject imports have an adverse impact on the profitability parameters of the domestic
industry due to which the cash profits, PBIT and ROCE are negative throughout the injury investigation
period. There has also been an increase in the inventory levels of the domestic industry. Thus, the evidence
provided by the applicant prima facie shows injury to the domestic industry caused by the alleged
subsidized imports from Vietnam.
E. Initiation of the investigation
8. On the basis of the duly substantiated application by the domestic industry, and having satisfied itself, on
the basis of prima facie evidence submitted by the applicant substantiating the subsidization and consequent
injury to the domestic industry, the Authority hereby initiates an anti-subsidy investigation into the alleged
subsidization and consequent material injury to the domestic industry in accordance with Section 9 of the
Act read with Rule 6 of the Rules, to determine the existence, degree, and effect of alleged subsidization and
to recommend the amount of countervailing duty, which if levied would be adequate to remove the injury to
the domestic industry.
F. Domestic Industry & Standing
9. Rule 2(b) defines domestic industry as follows:
“'domestic industry' means the domestic producers as a whole of the like article or domestic
producers whose collective output of the said article constitutes a major proportion of the total
domestic production of that article, except when such producers are related to the exporters or
importers of the alleged subsidised article, or are themselves importers thereof, in which case
such producers shall be deemed not to form part of domestic industry"
10. The application has been filed by M/s Borosil Renewables Limited. As per the application there is one more
producer in India, viz. M/s Gobind Glass & Industries Ltd. apart from the applicant during the POI proposed
by the applicant. However, post filing of the application, the Authority has received support letters from
four more domestic producers namely M/s Triveni Glass, M/s Vishakha Renewables, M/s Emerge Glass and
M/s Gold Plus Glass Ltd., who have recently commenced the production of the product under consideration.
Hence, during the POI adopted by the Authority there are five more producers of the PUC apart from the
applicant and the applicant still accounts for a major proportion of the total production in India.
11. The applicant has not imported the subject goods from the subject country. The applicant is also not related
to any the importer or the exporter of the subject goods.
12. Since the production of the applicant accounts for a major proportion of the total production of the subject
goods in India, the applicant satisfies the standing and constitutes domestic industry within the meaning of
Rule 2(b) of the CVD Rules, 1995 and the application satisfies the requirements of Rule 6(3) of the CVD
Rules, 1995.
G. Product under consideration
13. The product under consideration in the present application is "textured toughened (tempered) glass with a
minimum of 90.5% transmission of thickness not exceeding 4.2 mm (including tolerance of 0.2 mm) and
where at least one dimension exceeds 1500 mm, whether coated or uncoated" (hereinafter also referred to as
"textured tempered glass" or "TTG" or "subject goods" or "product under consideration" or "PUC"). The
product is also known by various names such as solar glass, low iron solar glass, solar glass low iron, solar
photovoltaic glass, high transmission photovoltaic glass, tempered low iron patterned solar glass, etc. in the
market parlance.
14. Textured tempered glass is used as a component in solar photovoltaic panels and solar thermal applications.
The level of transmission can be achieved by keeping the iron content low, typically less than 200 ppm. The
transmission level goes up by about 2%-3% when coated with an anti-reflective coating liquid.
15. The parties to the present investigation may provide their comments on the PUC and propose product
control numbers (PCNs), if any, within 15 days of circulation of the non-confidential version of the
application filed before the Authority as indicated in paragraph 24 of this initiation notification.
H. Like Article
16. The applicant has stated that there are no significant differences in the article produced by the applicant and
exported from the subject country. The article produced by the applicant and imported from Vietnam 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 of the
subject goods. The subject goods and the article manufactured by the applicant are technically and
commercially substitutable. The applicant has claimed that consumers of the PUC are using the subject
goods and the article manufactured by the applicant interchangeably. Thus, for the purposes of initiation of
the present investigation, the subject goods produced by the applicant are being treated as like article to the
product being imported from Vietnam.
I. Country involved
17. The application has been filed in respect of alleged subsidization of the subject goods originating in or
exported from Vietnam. Therefore, the subject country for the present investigation is Vietnam.
J. Period of Investigation
18. The applicant has proposed 1‘July 2022 to 30th June 2023 (12 months) as the period of investigation
(hereinafter also referred to as 'POI'). However, the Authority has considered the POI as 1st January 2023 to
31st December 2023 (12 months). The injury information has been provided for the POI and three preceding
years, i.e., April 1, 2020 to March 31, 2021, April 1, 2021 to March 31, 2022, April 1, 2022, to March 31,
2023.
K. Submission of Information
19. All communication should be sent to the Designated Authority via email at email addresses dd11-
[email protected] and [email protected] with a copy to [email protected] and [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.
20. 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 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 Rules, and the applicable trade notices issued by the Authority.
21. 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.
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
further processes related to the investigation.
L. Time Limit
24. Any information relating to the present investigation should be sent to the Designated Authority via email at
email address [email protected] and [email protected] with a copy to [email protected] and adv13-
[email protected] 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 Designated Authority or transmitted to the appropriate
diplomatic representative of the exporting country as per Rule 7(4) of the CVD 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 Rules.
25. All the interested parties are here by 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.
26. Where an interested party seeks addition al time for filing of submissions, it must demonstrate sufficient
cause for such extension in terms of Rule7 (4) of the CVD Rules, 1995 and such request must come within
the time stipulated in this notification.
M. 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, such party is required to simultaneously submit a non-confidential
version of such information in terms of Rule 8 of the CVD Rules 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 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.
29. 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.
30. 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.
31. 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 8 of
the 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.
32. The interested parties can offer their comments on the issues of confidentiality claimed by any interested
party within 7 days from the date of circulation of the non-confidential version of the documents filed before
the Authority as indicated in paragraph 24 of this initiation notification.
33. Any submission made without a meaningful non-confidential version there of or a sufficient and adequate
cause statement in terms of Rule 8 of the Rules, and appropriate trade notices issued by the Authority, on
the confidentiality claim shall not be taken on record by the Authority.
34. 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.
35. The Authority on being satisfied and accepting the need for confidentiality of the information provided,
shall not disclose it to any party without specific authorization of the party providing such information.
36. A list of registered interested parties will be uploaded on the DGTR's website along with the request there
in to all of them to email the non-confidential version of their submissions and other information to all other
interested parties. Failure to circulate non-confidential version of submissions might lead to action under
Section N of this initiation notification.
N. Non-Cooperation
37. 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
subsequently time period provided through separate communication, 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.
MANOJ KUMAR MA
VERMA
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