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Core Purpose

Initiation of anti-dumping investigation concerning imports of Para Nitrotoluene (PNT) originating in or exported from the European Union.

Detailed Summary

The Ministry of Commerce and Industry (Directorate General of Trade Remedies) initiated an anti-dumping investigation on June 16, 2025, concerning imports of Para Nitrotoluene (PNT), also known as Paranitrotoluol, 4-Methylnitrobenzene, 1-Methyl-4-nitrobezene, p-Methylnitrobenzene, or 4-Nitrotoluene (CAS Registry Number 99-99-0, HS code 29042050), originating in or exported from the European Union. The investigation, referenced as F. No. 6/24/2025-DGTR and Case No. AD (OI) - 21/2025, follows an application by Aarti Industries Limited. The applicant alleges material injury to the domestic industry due to dumped imports, citing adverse price effects, depressed domestic prices, positive price undercutting, financial losses, cash losses, and negative return on capital employed. The Period of Investigation (POI) is from January 1, 2024, to December 31, 2024, with the injury examination period covering 2021-22, 2022-23, 2023-24, and the POI. The investigation is conducted under the Customs Tariff Act, 1975, and the Customs Tariff (Identification, Assessment, and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, specifically citing Rule 2(b), Rule 5(3), Section 9A, Rule 6(4), and Rule 7. The Designated Authority, Siddharth Mahajan, found sufficient prima facie evidence of dumping and injury to justify the initiation. Interested parties are directed to submit information within 30 days of the circulation of non-confidential documents, ensuring confidential submissions are accompanied by a non-confidential version and a good cause statement, and to regularly visit dgtr.gov.in for updates.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India EXTRAORDINARY PART I—Section 1 PUBLISHED BY AUTHORITY NEW DELHI, MONDAY, JUNE 16, 2025/ Jyaistha 26, 1947 No. 157] F. No. 6/24/2025-DGTR CG-DL-E-18062025-263907 No. 157] MINISTRY OF COMMERCE AND INDUSTRY (Directorate General of Trade remedies) INITIATION NOTIFICATION New Delhi, the 16th June, 2025 CASE No. AD (OI) - 21/2025 Subject: Initiation of anti-dumping investigation concerning imports of Para Nitrotoluene (PNT) originating in or exported from the European Union. 1. F. No. 6/24/2025-DGTR.— Having regards to 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'), Aarti Industries Limited (hereinafter referred to as the 'applicant') has filed an application before the Designated Authority (hereinafter referred to as the 'Authority'), for initiation of an anti-dumping investigation concerning imports of Para Nitrotoluene (PNT) (hereinafter referred to as the 'product under consideration' or 'subject goods'), originating in or exported from the European Union (hereinafter referred to as the 'subject country"). 2. The applicant has alleged that material injury is being caused to the domestic industry due to the dumped imports, originating in or exported from the subject country and has requested for the imposition of anti-dumping duties on the imports of the product under consideration from the subject country. A. Product under consideration 3. The product under consideration in the present application is Para Nitrotoluene (PNT). The product is also known as Paranitrotoluol, 4-Methylnitrobenzene, 1 -Methyl-4-nitrobezene, p- Methylnitrobenzene or 4-Nitrotoluene. The Chemical Abstracts Service (CAS) Registry Number for the product is 99-99-0. 4. The product under consideration is a basic chemical used in the chemical industry for the manufacturing of intermediates. These intermediates are further used in the production of optical brighteners, coloring agents, pharmaceuticals, and agrochemicals. It is used to synthesise agricultural and rubber chemicals, azo and sulphur dyes, and dyes for cotton, wool, silk, paper and leather. 5. The product under consideration is imported under the HS code 29042050. 6. 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 circulation of the receipt of intimation of initiation of the investigation. B. Like article 7. The applicant has submitted that there are no significant differences in the product produced by the applicant and exported from the subject country and both are like articles. The product produced by the applicant 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, the product produced by the applicant should be treated as 'like article' to the imported product under the Rules. Thus, for the purposes of initiation of the present investigation, the product produced by the applicant has been prima facie considered as like article to the product being imported from the subject country. C. Domestic industry & standing 8. The application has been filed by Aarti Industries Limited. There is another producer in India Deepak Nitrite Limited. As per the information available on record, it is noted that the applicant has not imported the product under consideration from the subject country and is not related to any exporters in the subject country nor to any importers in India. 9. As per the information available on record, it is further noted that the production of the applicant represents a major proportion of domestic production and therefore constitutes 'domestic industry ' within the meaning 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. Period of investigation 10. The period of investigation (POI) for the investigation is from 1 January 2024 to 31 December 2024 (12 months). The injury examination period is 2021-22, 2022-23, 2023-24 and the period of investigation. E. Basis for alleged dumping Normal value for European Union. 11. The applicant has claimed that it does not have access to any evidence of selling price in the subject country. Therefore, applicant has determined the normal value based on the best estimates of cost of production, duly adjusted with selling, general and administrative expenses, along with a reasonable profit margin. The normal value methodology claimed by the applicant has been considered for the purpose of initiation. Export price 12. The export price of the product under consideration has been determined by considering the CIF price of the product under consideration as reported in DG Systems data. Adjustments have been claimed for ocean freight, marine insurance, commission, bank charges, port expenses and inland freight expenses. Dumping margin 13. 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 de minimis level, and is significant with respect to the product under consideration imported from the subject country. Thus, there is sufficient prima facie evidence that the product under consideration is being dumped in the domestic market of India by the exporters from the subject country. F. Injury and causal link. 14. The applicant has provided prima facie evidence with respect to the injury suffered by the domestic industry because of the dumped imports. The domestic industry has claimed that it has suffered injury on account of adverse price effect. It has further been claimed that the domestic prices have allegedly been depressed by the subject imports, and the price undercutting in the POI is positive. Further, in the period of investigation, the applicant is suffering financial losses, cash losses and negative return on capital employed. There is sufficient prima facie evidence of material injury being caused due to dumped imports from the subject country to justify the initiation of the anti-dumping investigation. G. Initiation of anti-dumping investigation. 15. 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 applicant 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 dug, which if levied, would be adequate to remove the injury to the domestic industry. H. Procedure I. Submission of information 17. All communication should be sent to the Designated Authority via email at email addresses jd11- dgtr@gov.in and dir16-dgtr@gov.in with a copy to adv13-dgtr@gov.in and consultant- dgtr@govcontractor.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. 18. 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 product under consideration 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. 19. 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. 20. 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. 21. 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. J. Time limit 22. Any information relating to the present investigation should be sent to the Designated Authority via email at email addresses jd11-dgtr@gov.in and dir16-dgtr@gov.in with a copy to adv13-dgtr@gov.in and consultant-dgtr@govcontractor.in within 30 days from the date on which the non-confidential version of the documents filed by the applicant would be circulated by the Designated Authority or transmitted to the appropriate diplomatic representative of the exporting country 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 Rules. 23. 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. 24. 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 time stipulated in this notification. K. Submission of information on confidential basis. 25. Where any party to the present investigation makes confidential submissions or provides information on a confidential basis before the Authority, such a 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. 26. 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. 27. The confidential version shall contain all information which is, by nature, confidential, and/or other information, which the supplier of such information claims to be 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. 28. 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. 29. 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, 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. 30. The interested parties can offer their comments on the issues of confidentiality claimed by the applicant within 7 days from the date of circulation of the non-confidential version of the documents. 31. 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. 32. 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 authorize its disclosure in generalized or summary form, it may disregard such information. 33. 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. L. Inspection of public file 34. 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-cooperation 35. 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. 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. GORAKHA NATH YADAVA Digitally signed by GORAKHA NATH Date: 2025.06.18 12:10:39 +05'30'

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