Gazette Tracker
Gazette Tracker

Core Purpose

The Designated Authority initiates a sunset review to examine whether the expiry of existing anti-dumping duties against imports of Polyethylene Terephthalate (PET) Resin from China PR is likely to lead to continuation or recurrence of dumping and consequent injury to the domestic industry.

Detailed Summary

The Ministry of Commerce and Industry, Department of Commerce, through its Directorate General of Trade Remedies (Designated Authority), has initiated a sunset review of anti-dumping duty concerning imports of virgin bottle-grade Polyethylene Terephthalate (PET) Resin (intrinsic viscosity of 0.72 deciliters per gram or higher, excluding recycled PET resin) from China PR. This initiation follows an application filed by Indorama Yarns Private Limited, IVL Dhunseri Petrochem Industries Private Limited, and Reliance Industries Limited, who collectively account for 85% of India's domestic production, in accordance with the Custom Tariff Act 1975 and the Custom Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (AD Rules), specifically Section 9A(5) of the Act and Rule 23(IB) of the Rules. The original anti-dumping investigation was initiated on 1st October 2019, with duties recommended via Final Findings F. No. 6/24/2019-DGTR dated 28th December 2020 and notified by the Ministry of Finance vide Notification No. 18/2021-Customs (ADD) dated 27th March 2021, set to expire on 26th March 2026. An anti-absorption investigation initiated on 4th March 2024 led to modified duties via Ministry of Finance Notification 25/2024-Customs (ADD) dated 22nd November 2024. The product is classified under Chapter 39, heading 3907 of Schedule I of the Customs Tariff Act, 1975, with HS Codes 3907 6110, 3907 6190, 3907 6930, and 3907 6990. The period of investigation for the present review is 1st April 2024 to 31st March 2025, with the injury investigation period covering 1st April 2021 – 31st March 2022, 1st April 2022 – 31st March 2023, 1st April 2023 – 31st March 2024, and the period of investigation. The applicants have provided prima facie evidence of likelihood of continuation or recurrence of dumping and injury due to factors such as increased imports, global overcapacities, export-oriented producers in China PR, and India being a price-attractive market. Interested parties must submit information to dd15-dgtr@gov.in, dir16-dgtr@gov.in, and adv13-dgtr@gov.in within 30 days, adhering to confidentiality rules under Rule 7(2) of the AD Rules.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-25092025-266400 EXTRAORDINARY PART I-Section 1 PUBLISHED BY AUTHORITY No. 257] NEW DELHI, TUESDAY, SEPTEMBER 23, 2025/ASVINA 1, 1947 6365 GI/2025 MINISTRY OF COMMERCE AND INDUSTRY (Department of Commerce) (DIRECTORATE GENERAL OF TRADE REMEDIES) INITIATION NOTIFICATION New Delhi, the 23rd September, 2025 Case No. AD (SSR) – 08/2025 Subject: Initiation of sunset review of anti-dumping duty concerning imports of Polyethylene Terephthalate (PET) Resin from China PR. F. No. 07/15/2025-DGTR.-Indorama Yarns Private Limited, IVL Dhunseri Petrochem Industries Private Limited and Reliance Industries Limited (hereinafter also referred to as the "applicants") have filed an application before the Designated Authority (hereinafter referred to as the "Authority"), in accordance with the Custom Tariff Act 1975, as amended from time to time (hereinafter also referred to as the "Act") and Custom 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 to as the "AD Rules"), for the initiation of a sunset review of anti-dumping duty imposed on imports of Polyethylene Terephthalate (PET) Resin (hereinafter also referred to as "subject goods" or "product under consideration") originating in or exported from China PR (hereinafter also referred to as "subject country"). In terms of Section 9A(5) of the Act, the anti-dumping duties imposed shall, unless revoked earlier, cease to have an effect on the expiry of five years from the date of such imposition and the Authority is required to review the need for the continued imposition of the anti-dumping duty and to assess whether the expiry of the duty is likely to lead to continuation or recurrence of dumping and injury. A. BACKGROUND OF PREVIOUS INVESTIGATIONS 1. The original anti-dumping investigation concerning imports of subject goods from the subject country was initiated vide notification dated 1st October 2019. The Authority vide Final Findings F. No. 6/24/2019-DGTR dated 28th December 2020, recommended imposition of anti-dumping duties on imports of subject goods from the subject country for a period of 5 years. Such duties were notified by the Ministry of Finance vide Notification No. 18/2021-Customs (ADD), dated 27th March 2021. The said duties, if not extended, are set to expire on 26th March 2026. 2. Following the imposition of the anti-dumping duty, an anti-absorption investigation concerning the anti- dumping duty imposed on the imports of the subject goods originating from the subject country when exported by Wankai New Materials Co. Ltd. was initiated on 4th March 2024. The Authority issued final findings F.No. 7/27/2023-DGTR dated 28th August 2024, recommending the modification of the quantum of the anti-dumping duty imposed. The Ministry of Finance issued Notification 25/2024-Customs (ADD) dated 22nd November 2024 modifying the quantum of anti-dumping duty in force. B. PRODUCT UNDER CONSIDERATION 3. The product under consideration is virgin bottle-grade polyethylene terephthalate (PET) Resin, defined as “polyethylene terephthalate resin having intrinsic viscosity of 0.72 deciliters per gram or higher". The scope of product under consideration excludes recycled PET resin. PET Resin is used for the manufacturing of preforms, which are then converted into PET bottles and jars for the storage of mineral water, carbonated soft drinks, edible oils, pharmaceutical products etc. 4. The present investigation being a sunset review investigation, the scope of the product under consideration remains the same as defined in the previously conducted investigations. 5. The product under consideration is classified under Chapter 39 of Schedule I of the Customs Tariff Act, 1975, under the heading 3907. The subject goods are being imported under HS Codes 3907 6110, 3907 6190, 3907 6930, and 3907 6990. The customs classification is only indicative and is not binding on the scope of the present investigation. C. LIKE ARTICLE 6. The subject goods produced by the domestic industry are identical to the goods imported from the subject country. The subject goods produced by the domestic industry have comparable characteristics to the subject goods imported from the subject country in terms of technical specifications, physical & chemical characteristics, manufacturing process & technology, functions & uses, pricing, distribution & marketing and tariff classification. The two are technically and commercially substitutable. Therefore, for the purpose of initiation of the present investigation, the subject goods produced by the applicants are being treated as 'like article' to the subject goods originating in or exported from the subject country. D. DOMESTIC INDUSTRY AND STANDING 7. The application has been filed by the Indorama Yarns Private Limited, IVL Dhunseri Petrochem Industries Limited and Reliance Industries Limited. 8. The applicants have submitted that Reliance Industries Limited is not related to any producer of the subject goods in the subject country or any importer of the product under consideration in India. 9. IVL Petrochem Industries Private Limited and Indorama Yarns Private Limited are related to a producer of the product under consideration in China, namely, Guandong IVL PET Polymer Co. Ltd. However, the applicants have submitted that the related producer of IVL Petrochem Industries Private Limited and Indorama Yarns Private Limited has not exported the product under consideration to India during the period of investigation. 10. The applicants have submitted that they have not imported the product under consideration from the subject country during the period of investigation and are not related to any importer of the subject goods in India. 11. The applicants have submitted that there are other producers of the subject goods in India, namely, Chiripal Polyfilms Limited, Jindal Polyfilms Limited, Madelin Enterprises Private Limited (“MEPL”), Sumilon Industries Limited and Uflex Limited. 12. The applicants account for 85% of the total domestic production in India. Based on the same, the Authority prima facie notes that the applicants account for a major proportion of total domestic production in India and constitute domestic industry within the meaning of Rule 2(b) and the application satisfies the criteria of standing in terms of Rule 5(3) of the Anti-Dumping Rules. E. SUBJECT COUNTRY 13. The application has been filed in respect of dumped imports of the product under consideration from China PR. F. PERIOD OF INVESTIGATION 14. The period of investigation for the purpose of the present investigation is 1st April 2024 to 31st March 2025. The injury investigation period shall cover the period 1st April 2021 – 31st March 2022, 1st April 2022 – 31st March 2023, 1st April 2023 – 31st March 2024 and the period of investigation. G. LIKELIHOOD OF CONTINUATION OR RECURRENCE OF DUMPING i. Normal value 15. The applicants have claimed that China PR should be treated as a non-market economy and therefore, the Chinese producers should be called upon to show that market economy conditions prevail in the industry producing the like product with regard to the production and sale of that product under consideration. Unless the Chinese producers show that such market economy conditions prevail, their normal value should be determined in accordance with Para 7 of Annexure – 1 to the AD Rules. Under Para 7, normal value for a non- market economy country is required to be determined on the basis of prices of subject goods in the market economy third country or price from such third country to other countries, including India, or on some other reasonable basis including the price paid or payable in India. 16. The normal value, for the purpose of initiation of the investigation, has been constructed based on the cost of production of the domestic industry of the subject goods, after duly adjusting the selling, general and administrative expenses with reasonable profits. ii. Export Price 17. The Export price of the subject goods from the subject country has been determined by considering the CIF price of the subject goods, as reported in the DG System data. Price adjustments have been made on account of ocean freight, marine insurance, commission, bank charges, port expenses, inland freight, secondary packaging cost, credit costs and inventory carrying costs to determine the ex-factory export price. iii. Dumping margin 18. The normal value and the export prices 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 country. Thus, there is sufficient prima facie evidence that the product under consideration from the subject country is being dumped in India. H. LIKELIHOOD OF CONTINUATION OR RECURRENCE OF INJURY AND CAUSAL LINK 19. The present investigation being a sunset review, the Authority is required to examine whether the cessation or revocation of the duty in force would lead to a likelihood of continuation or recurrence of dumping and injury. 20. The applicants have claimed that there is likelihood of continuation or recurrence of dumping and injury, in case of cessation of anti-dumping duty as even after imposition of anti-dumping duty dumping has continued in India. The situation of the domestic industry continues to be fragile. Imports to India have increased over the injury period, the producers in the subject country hold excess capacities and are further expanding capacities, the producers in the subject country are export oriented, India is a price attractive market and significant exports from subject country to third countries is at dumped and injurious prices. The imports have entered India at prices below the cost of sales and selling price of the domestic industry. 21. It has been further claimed that there are global overcapacities for the product under consideration and Chinese producers have lost market due to imposition of trade remedial measures by various countries. The applicants have submitted that in case of cessation of the anti-dumping duty, the dumped imports are likely to create price pressure impacting the profitability of the domestic industry. 22. It is noted that there is sufficient prima facie evidence regarding the likelihood of continuation or recurrence of dumping and consequent injury to the domestic industry in the event of cessation of anti-dumping duty on imports of subject goods from the subject country. I. INITIATION OF SUNSET REVIEW 23. 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 applicants substantiating the likelihood of dumping and consequent injury to the domestic industry due to cessation of anti-dumping duty on imports of the subject goods from the subject country, and in accordance with Section 9A(5) of the Act, read with Rule 23(IB) of the Rules, the Authority hereby initiates present sunset review to examine whether the expiry of existing anti- dumping duties against imports of the subject goods from China PR is likely to lead to continuation or recurrence of dumping and consequent injury to the domestic industry. J. PROCEDURE 24. The sunset review will cover all aspects of the final findings published vide Notification F. No 6/24/2019- DGTR dated 28th December 2020 and final findings published vide Notification F. No. 7/27/2023-DGTR dated 28th August 2024, recommending the imposition of anti-dumping duty on the imports of the subject goods originating in or exported from the subject country. 25. The provisions of Rule 6, 7, 8, 9, 10, 11, 16, 17, 18, 19 and 20 of the Rules shall be applicable mutatis mutandis in this review. K. SUBMISSION OF INFORMATION 26. All the communications should be sent to the Designated Authority via email at email address dd15- dgtr@gov.in, dir16-dgtr@gov.in and adv13-dgtr@gov.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. Submissions requiring special software to access the files will not be accepted. 27. The known producers/exporters in the subject countries, the governments of the subject countries through their embassies in India, and the importers and users in India known to be concerned with the subject goods 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. 28. Any other interested party may also make its submissions relevant to the investigation in the form and manner prescribed within the time limit set out below. Any party making any confidential submission before the Authority is required to make a non-confidential version of the same available to the other parties. L. TIME LIMIT 29. Any information relating to the present investigation should be sent to the Designated Authority via email at the following email addresses dd15-dgtr@gov.in, dir16-dgtr@gov.in and adv13-dgtr@gov.in within 30 days from the date on which it was sent by the Designated Authority or transmitted to the appropriate diplomatic representative of the exporting country as per Rule 6(4) of the AD 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 countries. 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 AD Rules. 30. 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. 31. 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. M. SUBMISSION OF INFORMATION ON A CONFIDENTIAL BASIS 32. 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 AD Rules. Failure to adhere to the above may lead to the rejection of the response I submissions. 33. The parties making any submission (including Appendices/Annexures attached thereto), before the Authority including questionnaire response, are required to file Confidential and Non-Confidential versions separately. In case, the submission is made in multiple parts, it is instructed to provide an index table in each part outlining the contents of all parts/emails and documents enclosed. Please ensure page numbering on all submissions. 34. Where the original documents are in a language other than Hindi and English, the interested parties are requested to ensure that the true translated version is provided along with the original documents. 35. 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. 36. 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 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 a summary, and a statement of reasons why summarization is not possible must be provided to the satisfaction of the Authority. The other interested parties may offer their comments on the confidentiality claimed within 7 days of receiving the non-confidential version of the documents. 37. 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. 38. Any submission made without a meaningful non-confidential version thereof or a good cause statement on the confidentiality claim shall not be taken on record by the Authority. 39. 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 in terms of relevant paragraphs of this initiation notification. 40. 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. N. INSPECTION OF PUBLIC FILE 41. A list of registered interested parties will be uploaded on 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. The non- confidential version of the questionnaire response or other submissions should preferably be circulated to all other interested parties on the same day and, in no case, later than the day following the filing of submissions on a confidential basis. Failure to circulate a non-confidential version of submissions/responses/information might lead to the consideration of an interested party as non-cooperative. O. NON-COOPERATION 42. In case any interested party refuses access to and otherwise does not provide necessary information within a reasonable period, or significantly impedes the investigation, the Authority may declare such interested party as non-cooperative and record its findings based on the facts available to it and make such recommendations to the Central Government as deemed 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.

Never miss important gazettes

Create a free account to save gazettes, add notes, and get email alerts for keywords you care about.

Sign Up Free