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EXTRAORDINARY
PART I—Section 1
PUBLISHED BY AUTHORITY
No. 71] NEW DELHI, TUES DAY , MARCH 2 6, 2024 /CHAITRA 6, 1945
CG-DL-E-26032024-253378
CG-DL-E-26032024-253378
MINISTRY OF COMMERCE AND INDUSTRY
(Department of Commerce)
(DIRECTORATE GENERAL OF TRADE REMEDIES)
INITIATION NOTIFICATION
New Delhi, the 26th March, 2024
CASE No. ADD (OI) – 04/2024
Subject: Initiation of anti -dumping investigation concerning import s of Acetonitrile originating in or
exported from China PR, Russia & Taiwan
1. F. No. 6/04/2024 -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, Asses sment, 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’), Alkyl Amines Chemicals 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 on imports of Acetonitrile (hereinafter referred to as the ‘product under consideration’ or
‘subject goods ’), originating in or exported from China PR, Russia & Taiwan (hereinafter referred to as the ‘subject
countries’).
2. The applicant has alleged that material injury is being caused to the domestic industry due to the dumped
imports, originating in or exporte d from the subject countries and has requested for the imposition of anti -
dumping duties on the imports of the product under consideration from the subject countries.
A. Product under consideration
3. The product under consideration in the present investigation is ‘Acetonitrile ’. Acetonitrile is also known as
MeCN (Methyl Cyanide), Cyano methane, Ethane Nitrile, Ethyl Nitrile and Methane Carbonitrile. The product
under consideration covers Acetonitrile known by any name. The product under consideration is produced and
sold in the form of a clear and colourless liquid.
4. The product under consideration does not have a dedicated tariff code. The product under consideration is
however imported under Chapter 29 of the Customs Tariff Act, 1975 under subheading 292690 of the Tariff
Classification.
5. The product is imported with different purities. Purity of the product under consideration is nothing but the
content of Acetonitrile in the imported solution. First, low pu rity Acetonitrile is produced, and it is then
processed to make high purity Acetonitrile. The low purity Acetonitrile of various ranges are imported to India
by importers who then undertake a small distillation process to convert into high purity Acetonitr ile (99.9%).
For the purpose of the investigation, Acetonitrile imported in different purities has been converted to arrive at
Acetonitrile of 99.9% purity.
6. The parties to the present investigation may provide their comments on the product under considerat ion 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 domestic industry has submitted that there are no significant differences in the product prod uced by the
domestic industry and exported from the subject countries and both are like articles. The product produced by
the domestic industry and imported from the subject countries are comparable in terms of essential product
characteristics such as phy sical 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, should be treated as 'like article’ under the Rules. Thus, for the purposes of initiation
of the present investigation, the product produced by the domestic industry has been prima facie consid ered as
like article to the product being imported from the subject countries.
C. Domestic industry & standing
8. The application has been filed by Alkyl Amines Chemicals Limited. Balaji Amines Limited and Jindal
Speciality Chemicals have supported the applicati on. It has been stated that it has not imported the product
under consideration from the subject countries and is not related to any exporters in the subject countries nor to
any importers in India.
9. Based on the information provided, it is seen that the ap plicant 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. Subject countries
10. The subject countries in the present investigation are China P R, Russia & Taiwan.
E. Period of investigation
11. The period of investigation (POI) for the investigation is from 1st October 2022 to 30th September 2023 (12
months). The injury examination period is 1st April 2020 to 31st March 2021, 1st April 2021 to 31st Marc h 2022,
1st April 2022 to 31st March 2023, and the POI.
F. Dumping margin computation
a. Normal Value for China PR
12. The domestic industry has cited and relied upon Article 15(a) (i) of China’s Accession Protocol and has
claimed that China PR should be treated as a non -market economy and that producers from China PR should
be directed to demonstrate that market economy conditions prevail in the industry with regard to the production
and sales of the product under consideration. Unless the producers from China PR show that such market
economy conditions prevail, their normal value should be determined in accordance with Para 7 and 8 of
Annexure -I to the Anti -Dumping Rules, 1995.
13. The domestic industry has submitted that data relating to cost and price in market eco nomy third country is not
available at this stage and therefore, the domestic industry claimed normal value based on best estimates of the
cost of production in India duly adjusted with selling, general and administrative expenses, along with a
reasonable profit margin. The normal value claimed by the domestic industry has been considered for the
purpose of initiation.
b. Normal Value for Russia & Taiwan
14. The domestic industry has claimed that it does not have access to any evidence of selling price in the s ubject
countries. Therefore, the domestic industry has proposed to 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 claimed by the domestic industry has been considered for the purpose of
initiation.
d. Export Price
15. The export price of the product under consideration has been determined by considering the CIF price of the
product under consideration as reported in DGCI& S data. Adjustments have been claimed for ocean freight,
marine insurance, commission, bank charges, port expenses and inland freight expenses. There is sufficient
prima facie evidence with regard to the net export prices for the subject countries.
e. Dump ing Margin
16. 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 the de minimis level with respect to the product under
consideration imported from the subject count ries. Thus, there is sufficient prima facie evidence that the
product under consideration from the subject countries is being dumped in the domestic market by the
exporters from the subject countries.
G. Allegation of Injury and causal Link
17. The domestic indu stry has provided prima facie evidence with respect to the injury suffered by the domestic
industry because of the dumped imports. The volume of the subject imports from the subject countries has
increased in absolute as well as relative terms. The price u ndercutting from the subject countries is positive.
The price suppression and depression caused by dumped imports have been preventing the domestic industry
from increasing its prices to recover the full cost and achieve a reasonable rate of return and has suffered
losses. It has also been claimed that because of the dumped imports from the subject countries, the production
and capacity utilization of the domestic industry are significantly below its installed capacity. The market share
of the domestic indu stry has declined in the period of investigation. There is sufficient prima facie evidence of
material injury being caused to the domestic industry due to dumped imports from the subject countries to
justify the initiation of the anti -dumping investigation .
H. Initiation of anti -dumping investigation
18. On the basis of the duly substantiated written application submitted by the domestic industry and having
reached satisfaction based on the prima facie evidence submitted by the domestic industry concerning the
dumping of the product under consideration originating in or exported from the subject countries, 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 a nd 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 u nder consideration
originating in or exported from the subject countries and to recommend the appropriate amount of anti -
dumping duty, which if levied, would be adequate to remove the injury to the domestic industry.
I. Procedure
19. The provisions stipulated in Rule 6 of the Anti -Dumping Rules shall be followed in this investigation.
J. Submission of information
20. All communication should be sent to the Designated Authority via email at email addresses [email protected]
and ad12 [email protected] with a copy to adv11 [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 f ormat.
21. The known producers/exporters in the subject countries, the government of the subject countries 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 ap plicable trade notices issued by the Authority.
22. 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 is sued by the
Authority within the time limits mentioned in this initiation notification.
23. 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.
24. 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 wel l as further
processes related to the investigation.
K. Time limit
25. Any information relating to the present investigation should be sent to the Designated Authority via email at
email address [email protected] and ad12 [email protected] with a copy to adv11 [email protected] within 30 days from
the date on which the non -confidential version of the documents filed by the domestic industry would be
circulat ed by the Designated Authority or transmitted to the appropriate diplomatic representative of the
exporting countries as per Rule 6(4) of the Rules. If no information is received within the stipulated time limit
or the information received is incomplete, t he Authority may record its findings based on the facts available on
record and in accordance with the Rules.
26. All the interested parties are hereby advised to intimate their interest (including the nature of interest) in the
instant matter and file their q uestionnaire responses within the above time limit as stipulated in this
notification.
27. 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.
L. Submission of information on confidential basis
28. Where any party to the present investigation makes confidential submissions or provides information on a
confidential basis be fore 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.
29. 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 b e at liberty to allow other interested parties to inspect
such submissions.
30. 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. F or 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
informa tion as to why such information cannot be disclosed.
31. 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.
32. The non -confidential summary must be in sufficient detail to permit a reasonable understand ing 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.
33. The interes ted parties can offer their comments on the issues of confidentiality claimed by the other interested
parties within 7 days from the date of circulation of the non -confidential version of the documents.
34. Any submission made without a meaningful non -confiden tial 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.
35. The Authority may accept o r 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 in formation public or to authorize its disclosure in
generalized or summary form, it may disregard such information.
36. The Authority on being satisfied and accepting the need for confidentiality of the information provided, shall
not disclose it to any party w ithout specific authorisation of the party providing such information.
M. Inspection of public file
37. 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 vers ion of their submissions to all other interested parties.
N. Non-cooperation
38. 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.
ANANT SWARUP, Designated Authority
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