Full Text
REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-27062025-264194
EXTRAORDINARY
PART I-Section 1
PUBLISHED BY AUTHORITY
No. 178]
NEW DELHI, THURSDAY, JUNE 26, 2025/ ASADHA 5, 1947
MINISTRY OF COMMERCE AND INDUSTRY
(Department of Commerce)
(Directorate General of Trade Remedies)
INITIATION NOTIFICATION
New delhi, the 26th June, 2025
Case No. AD (OI -19/2025)
Subject: Initiation of Anti-dumping investigation concerning imports of “Methyl
Acetoacetate” originating in or exported from Switzerland.
F. No.6/22/2025- DGTR.-
1. 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'), M/s Laxmi Organics 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 anti-dumping
investigation concerning imports of “Methyl Acetoacetate” (hereinafter referred to as
the 'MAA' or 'product under consideration' or 'subject goods'), originating in or
exported from Switzerland.
2. The applicant has alleged that material injury is being caused to the domestic
industry due to the dumped imports, originating or exported from the subject
country and has requested for the imposition of anti-dumping duties on the imports
of the subject goods from the subject country.
A. Product under consideration
3. The product under consideration in the present application is Methyl Acetoacetate,
also referred to as "MAA/MAAE/AAME". The chemical formula of MAA is C5H8O3
and at 99% purity, it is a clear liquid with a colourless appearance.
4. MAA is a Diketene based Ester or aceto-acetate. Esters react with acids to liberate
heat along with alcohols and acids. Strong oxidizing acids may cause a vigorous
reaction that is sufficiently exothermic to ignite the reaction products. Heat is also
generated by interaction of esters with caustic solutions. Flammable hydrogen is
generated by mixing esters with alkali metals and hydrides.
5. Methyl Acetoacetate is used primarily in the Pharmaceutical Industry, Agrochemical
Industry, Polymer Industry, and as a reactant in other industries. MAA is also used
as a flavouring agent and in colourants.
6. The subject goods are classifiable under Chapter 29 of the Customs Tariff Act,
1975 under sub-headings 29183040. However, the applicant has claimed that the
Authority in its past findings on imports of the subject goods from China PR noted
that the subject goods are imported under various other codes as well. The custom
classification is indicative only and is in no way binding on the scope of the PUC in
the present investigation.
B. Like article
7. The Applicant has claimed that the subject goods, which are being dumped into
India, are identical to the goods produced by the domestic industry. There are no
differences either in the technical specifications, quality, functions or end-uses of
the dumped imports and the domestically produced subject goods and the product
under consideration manufactured by the applicant. The two are technically and
commercially substitutable. Hence, for the purposes of the present investigation,
the Authority holds that the two should be treated as “like article” under the AD
Rules. Therefore, for the purpose of the present investigation, the subject goods
produced by the applicant in India are being treated as 'like article' to the subject
goods being imported from the subject country.
C. Subject country
8. The subject country in the present investigation is Switzerland.
D. Period of Investigation
9. The period of investigation (POI) for the present investigation is January 2024 to
December 2024 (12 Months) and the injury investigation period will cover the
periods April 2021 to March 2022, April 2022 to March 2023 and April 2023 to
March 2024 and the POI.
E. Domestic industry and Standing
10. The application has been filed by M/s Laxmi Organic Industries Limited. It has been
submitted in the application that there is another domestic producer of the subject
goods in India, namely, Jubilant Ingrevia Limited. Jubilant Ingrevia Limited has
subsequently submitted its support letter. It is noted that Jubilant Ingrevia Limited
started producing the subject goods during the injury period.
11. As per the information available on record, the production of the applicant accounts
for major proportion of the total domestic production of the like article in India. The
applicant has submitted that it is not related to any exporter or producer in the
subject country.
12. In view of the same, on the basis of information available, the Authority is satisfied
that the Application has been made by or on behalf of the domestic industry in
terms of the provisions contained in Rule 2 (b) and Rule 5 (3) of the Rules.
F. Basis of alleged dumping
a. Normal Value for Switzerland
13. The domestic industry has submitted that it was not able to obtain information on
comparable prices of the subject goods in the subject country. This information is
also not available from any public source. Further, no information was available as
regards the representative price of the subject goods when exported from the
subject country to appropriate country. In view of the same, the applicant has
provided normal value for Switzerland based on facts available, having regard to
the cost of production in India, with reasonable addition for selling, general &
administrative expenses, and profits as the basis for normal value.
14. For the purpose of initiation, the normal value has been determined based on facts
available considering cost of production in India, duly adjusted for addition of
selling, general and administrative expenses and reasonable profits.
b. Export Price
15. The applicant has determined the export price for the subject country by
considering the volume and value of imports as per its market intelligence.
However, for the purpose of the prima facie assessment, DG systems data has
been adopted for ascertaining ex-factory export price. Adjustments on account of
ocean freight, marine insurance, bank charges, port expenses, handling charges
and inland insurance have been made. There is sufficient prima facie evidence with
respect to export price to justify the initiation of the investigation.
c. Dumping Margin
16. Considering the normal value and export price as elaborated above, the dumping
margin has been determined, in accordance with Section 9A(1)(a) of the Customs
Tariff Act. It is seen that the dumping margin is not only above the de minimis
levels, but also significant.
G. Injury and causal link
17. The information furnished by the applicant has been considered for assessment of
injury to the domestic industry. The applicant has furnished evidence regarding the
injury suffered as a result of the alleged dumping in the form of increased volume of
dumped imports in absolute terms and in relation to production or consumption
in India, price undercutting and price depressing effect on the domestic industry.
The performance of the applicant has been adversely impacted in respect of
profitability, return on investment and cash profits, as a result of the increase in
imports of the PUC. There is sufficient prima facie evidence that the injury is being
caused to the domestic industry by dumped imports from the subject country.
H. Initiation of anti-dumping investigation
18. On the basis of written application filed in the form and manner prescribed by the
domestic industry, and having satisfied itself, on the basis of the prima facie
evidence submitted by the domestic industry pertaining to dumping of the product
under consideration originating in or exported from the subject country, injury to the
domestic industry and causal link between such alleged dumping and injury, and in
accordance with Section 9A of the Customs Tariff Act read with Rule 5 of the AD
Rules, the Authority, hereby, initiates an investigation to determine the existence,
degree and effect of any alleged dumping in respect of the product under
consideration originating in or exported from the subject country and to recommend
the amount of anti-dumping duty, which if levied, would be adequate to remove the
injury to the domestic industry.
I. Procedure
19. Principles, as stated under Rule 6 of the AD Rules, shall be followed in the present
investigation.
J. Submission of Information
20. All communication should be sent to the Designated Authority via email at email
addresses <dir16-dgtr@gov.in> and <dd15-dgtr@gov.in> with a copy to <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.
21. The known producers/ exporters in the subject country, the government of the
subject country through their embassies in India, 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 limits set out below.
22. Any other interested party may also make submission relevant to the present
investigation in the form and manner prescribed within the time limits 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.
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 further processes related to the
investigation.
K. Time Limit
24. Any information relating to the present investigation should be sent to the
Designated Authority via email at email addresses <dir16-dgtr@gov.in> and <dd15-
dgtr@gov.in> with a copy to <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 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 AD Rules.
25. 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.
26. 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 of Confidential basis
27. 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 / submissions.
28. 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.
29. 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.
30. 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.
31. 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.
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 to authorize its disclosure in generalized
or summary form, it may disregard such information.
33. 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.
34. 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.
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 authorisation
of the party providing such information.
M. Inspection of Public File
36. 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.
N. Non-Cooperation
37. 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
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