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EXTRAORDINARY
PART I —Section 1
PUBLISHED BY AUTHORITY
No. 229] NEW DELHI, THURS DAY, SEPTEMBER 21, 2023/BHADRA 30, 194 5
CG-DL-E-23092023-248957
CG-DL-E-23092023-248957
CG-DL-E-23092023-248957
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4 THE GAZETT E OF INDIA : EXTRAORDINARY [PART I—SEC.1]
MINISTRY OF COMMERCE AND INDUSTRY
(Department of Commerce )
(DIRECTORATE GENERAL OF TRADE REMEDIES)
INITIATION NOTIFICATION
New Delhi, the 21 st September, 2023
(Case N o. AD 12/23)
Subject : Initiation of Anti -dumping Investigation concerning Imports of “Unframed Glass Mirror”
originating in or exported from China PR.
F. No. No. 6/12/2023 -DGTR .—A. Background
1. A representation has been received from ―All India Mirror Manufa cturers Association‖ (hereinafter referred to as
"AIMMA"), representing manufacturers of ―Unframed Glass Mirror‖ (hereinafter referred to as ―subject goods‖
or ―product under consideration‖) before the Designated Authority (hereinafter referred to as ―Auth ority‖) stating
that the industry in India is getting injured in view of increase in dumped imports of the subject goods from
China PR (hereinafter referred to as the "subject country").
2. The Authority hereby takes cognizance of the information provided by the Indian Industry manufacturing
unframed glass mirror as per sub -rule 4 of rule 5 of 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 as the "Rules") AD rules.
B. Product under consideration
3. The product under consideration in the preset investigation is ―unframed glass mirror‖. The glass m irror has a
protected back surface. They have reflective surfaces on one side and are painted on the opposite side. It is
produced in plates and, depending on the location and operators, it is cut in smaller sizes by milling, bevelling,
grooving and variou s printing methods to be made ready for end use.
4. The main raw materials used for the manufacturing of the domestic product are similar to the ones used for the
subject goods from China, being float glass, aluminium, tungsten, base coat paint and topcoat p aint. This product
is mainly used in architecture and furniture manufacturing. It is used as a decorative and functional material for
the decoration of interiors in the construction business.
5. While the product may occur in different thicknesses, 90% of th e products occur at 3mm. There is no difference
in the manufacturing process and composition of different thicknesses of the product. The thickness is based on
the uses of the product. The change in the product size does not materially alter the unit cost of production and
selling price (on a weight basis).
6. The product is classified under Chapter 70 of the Customs Tariff Act under subheading 7009 and under the 8 -
digit code 7009 91 00. The customs classification is only indicative, and not binding on the sco pe of this
investigation.
7. The interested parties are directed to make comments on the scope of the product under consideration and
product code number (PCN) methodology within 30 days from the date of initiation of this investigation.
C. Like Article
8. Noting t he claim of the AIMMA, the Authority prima facie holds that the goods produced by the domestic
industry and the goods imported from the subject country are comparable and also technically and commercially
substitutable. Goods produced by the Indian industr y are prima facie being treated as ―like article‖ to the product
under consideration under the Rules for the purpose of the present investigation.
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D. Basis of alleged dumping
9. Considering the practice of the Authority and as per Article 15(a)(i) of China’s Acc ession Protocol it is
considered that the Chinese producers should show that consistent with the provisions of Article 15(a)(i), market
economy conditions prevail in the industry producing the like product, with regard to the manufacture,
production and sa le of that product under consideration, Chinese prices or costs can be used for the industry
under investigation. Since, information on (a) the price in a market economy third country; (b) constructed value
in a market economy third country; (c) the price from such a third country to other countries, including India, is
not available with the Authority at this stage, the normal value in the subject country has, therefore, been
constructed based on the estimates of the cost of production by considering the p rice of the raw material. Due
adjustments have been made to this price to include conversion costs, a reasonable profit margin and SGA based
on best information available.
10. The AIMMA has determined the export price for the PUC for the subject country by con sidering the published
DGCI&S data for the period of investigation. The same has been considered by the Authority. Price adjustments
for ocean freight, marine insurance, port expenses, bank charges, inland freight, commission etc. have been made
to arrive at the ex -factory export price.
11. Accordingly, based on the normal value and export price as computed above, there is sufficient prima facie
evidence that the normal value of the subject goods in the subject country is higher than the ex -factory export
price, indicating, that the subject goods are being dumped into the Indian market by the exporters from the
subject country. The dumping margins are estimated to be above de minimis .
E. Basis of alleged injury
12. Based on information available with the Authority, i t is prima facie noted that the Indian industry is getting
injured as a result of the alleged dumping in the form of an increased volume of dumped imports in absolute
terms and in relative terms. The market share of imports has increased whereas that of th e Indian industry has
declined. Imports appear to undercut the price of the domestic industry thereby causing price depression in the
domestic market. Further, information also indicates that despite increasing demand, production of the Indian
industry has declined significantly, resulting in extremely low capacity utilisation levels . While complete
information on the impact on economic parameters is not available with the Authority at this stage, it is
nonetheless observed based on information received tha t the industry has also suffered an adverse impact on
profitability.
F. Initiation of Anti -dumping Investigation
13. The Authority takes cognizance of information provided by the AIMMA and the DGCI&S import data as per
Rule 5(4) of the Customs Tariff (Identificat ion, Assessment and Collection of Anti -dumping Duty on dumped
articles and for determination of duty) Rules, 1995 (hereinafter referred to as Rules). Rule 5(4) states as under:
―Notwithstanding anything contained in sub -rule (1) the designated authority ma y initiate an investigation suo
motu if it is satisfied from the information received from the [Commissioner of Customs] appointed under the
Customs Act, 1962 (52 of 1962) or from any other source that sufficient evidence exists as to the existence of the
circumstances referred to in clause (b) of sub -rule (3) ‖
14. Keeping in view rule 5(4) of the AD Rules, the Authority suo motu initiates the Anti -dumping duty Investigation
on imports of “unframed glass mirror‖ from China PR.
G. Period of Investigation
15. The perio d of investigation (POI) for the present investigation is 1st April 2022 to 31st March 2023 (12 months)
and the injury period will cover the periods 2019 – 2020, 2020 – 2021, 2021 – 2022 and the POI.
H. Subject Country
16. The subject country involved in the pres ent investigation is China PR.
I. Procedure
17. Principles, as given in Rule 6 of the Rules, shall be followed for the present investigation.
J. Submission of Information
18. All communication should be sent to the Designated Authority via email at the email addres ses [email protected]
dd15 [email protected] . adg16 [email protected] , and adv13 [email protected] , 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.
19. The known producers/ exporters in the subject country, the Government through its embassy in India, the
importers and users in Ind ia known to be concerned with the subject goods and the domestic industry are being
informed separately to enable them to file all the relevant information in the form and manner prescribed within
the time -limit set out below.
20. Any other interested party ma y also make its submissions relevant to the investigation in the prescribed form and
manner within the time limit set out below on the email addresses mentioned in Para 20 above.
21. Any party making any confidential submission before the Authority must make a non-confidential version of the
same available to the other interested parties.
22. Interested parties are further advised to keep a regular watch on the official website of the Designated Authority
https://www.dgtr.gov .in/ for any updated information with respect to this investigation.
K. Time Limit
23. Any information relating to the present investigation should be sent to the Designated Authority via email at the
email addresses [email protected] , dd15 [email protected] adg16 [email protected] and adv13 [email protected] , within thirty
(30) days from the date of receipt of the notic e 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 exporting country. If no information is received
within the prescribed time limit or the information received is incomplete, the Authority may record its findings
on the basis of the facts available on record in accordance with the Rules.
24. 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 abov e time limit.
L. Submission of information on confidential basis
25. Any party making any confidential submission or providing information on a confidential basis before the
Authority is required to simultaneously submit a non -confidential version of the same in terms of Rule 7(2) of the
Rules and the Trade Notices issued in this regard. Failure to adhere to the above may lead to rejection of the
response/submissions.
26. The parties making any submission (including appendices/annexures attached thereto), before the A uthority
including questionnaire response, are required to file a confidential and a non -confidential version separately.
27. The "confidential" or "non -confidential" submissions must be clearly marked as "confidential" or "non -
confidential" at the top of each page. Any submission made without such marking shall be treated as non -
confidential by the Authority, and the Authority shall be at liberty to allow the other interested parties to inspect
such submissions.
28. The non -confidential version is required to be a replica of the confidential version with the confidential
information preferably indexed or blanked out (in case indexation is not feasible) and summarized depending
upon the information on which confidentiality is claimed. The non -confidential summary mu st 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
informati on is not susceptible to summary and a statement of reasons why summarization is not possible must be
provided to the satisfaction of the Authority. The other interested parties can offer their comments on the
confidentiality claimed within 7 days of recei ving the non -confidential version of the document.
29. 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 warra nted 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.
30. Any submission made without a meaningful non -confidential versio n thereof or without a good cause statement
on the confidentiality claim shall not be taken on record by the Authority.
31. The Authority on being satisfied and accepting the need for confidentiality of the information provided, shall not
disclose it to any pa rty without specific authorization of the party providing such information.
M. Sharing of responses/submissions amongst interested parties
32. A list of interested parties will be uploaded on the DGTR website along with a request therein to all of them to
emai l the non -confidential version of their submissions to all other interested parties since the public file will not
be accessible physically.
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N. Non-cooperation
33. In case where an interested party refuses access to, or otherwise does not provide necessary inform ation within a
reasonable period, or significantly impedes the investigation, the Authority may record its findings on the basis
of the facts available to it and make such recommendations to the Central Government as deemed fit.
ANANT SWARUP , Designated Au thority
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.
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