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EXTRAORDINARY
PART I —Section 1
PUBLISHED BY AUTHORITY
No. 345] NEW DELHI, TUE SDAY , DEC EMBER 24, 2024 /PAUSA 3 , 194 6
CG-DL-E-29122024-259625
[email protected] ,dd16 [email protected] और dd12 [email protected] पर ईमेल के माध्यम से
consultant [email protected] , dd16 [email protected] और dd12 [email protected] पर ईमेल के
MINISTRY OF COMMERCE AND INDUSTRY
(Department of Commerce)
(Directorate General of Trade Remedies)
INITIATION NOTIFIC ATION
New Delhi, the 2 4th December , 2024
CASE No. AD (OI) - 40/2024
Subject: Initiation of anti -dumping investigation concerning imports of “Liquified Natural Gas Fuel Tank
(LFT)” originating in or exported from China PR.
1. F. No. 6/ 43/2024-DGTR. ––Having reg ards 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, a s amended from time
to time (hereinafter referred to as the ‘Rules’), M/s Inox India 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 ‘Liquified Natural Gas Fuel Tank
(LFT)’ (hereinafter referred to as the ‘product under consideration’ or ‘subject goods’), originating in or
exported from China PR (hereinafter referred to as the ‘subject coun try’).
2. The applicant has alleged that dumping of the product under consideration from the subject country is causing
material injury and material retardation to the domestic industry in the country and has requested for the
imposition of anti -dumping dutie s 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 ‘Liquified Natural Gas Fuel Tank’, also known as
‘Liquid Fuel Tank’ or ‘LFT’. A Liquifi ed Natural Gas Fuel Tank is a double walled cryogenic storage tank for
liquefied natural gas (particularly methane gas).
Unit of measurement
4. The product is usually traded in pieces (numbers). Therefore, ‘number/piece’ has been considered as the unit of
measurement.
Uses
5. LNG fuel tanks are used for maintaining the temperatures of liquids contained in them. They are, in simpler
terms, double walled vacuum cylinders with superinsulation used for the purpose of carrying fuel inside them
that is used for combustion in commerci al vehicles such as trucks. They have heat exchanger coil on one end
that is used to vaporise the liquid fuel into vapors so that the same reaches the engine easily and can be used for
combustion. The product comes in capacities varying from 200 Litres to 990 Litres at 16 bars to 24 bars
pressure rating.
6. LNG Fuel Tanks are used in large vehicles such as trucks and other vehicles. Their primary usage is for
containing and carrying methane gas which power vehicle engine. These vessels are used to store fuel for on
road & off road vehicles. As the fuel is being stored in liquid form, to use the same at engine, it needs to be
converted into gaseous form. The function of conversion is being done with the help of heat exchanger
installed in the product.
Tariff cl assification
7. The product under consideration is being imported under HS code – 7311 00 90. The customs classification is
indicative only and is in no way binding on the scope of the PUC in the present investigation.
8. The domestic industry has proposed the following product control numbers (PCNs) for the product under
consideration based on the volume of the LNG tanks in the present investigation:
S. No. Proposed PCN PCN Code
1 From 200 to 300 litres A
2 From 301 to 500 litres B
3 From 501 litres to 750 l itres C
4 More than 751 litres D
9. The parties to the present investigation may provide their comments on the scope of PUC and proposed PCNs,
if any, within 15 days of circulation of the intimation of initiation of the investigation.
B. LIKE ARTICLE
10. The appli cant has claimed that the subject goods, which have been alleged to be dumped in India, are identical
to the goods produced by the domestic industry. There are no known differences in the technical specifications,
quality, functions and end use of the two products. The Authority notes that the two are prima facie technically
and commercially substitutable. Therefore, for the purpose of this 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
11. The subject country in the present investigation is China PR .
D. PERIOD OF INVESTIGATION
12. The applicant has proposed 15 months as period of investigation (POI) stating that consideration of July 2023 –
June 2024 as the period of investigation would create significant practical difficulties for the applicant and also
submitted that there is no material difference in the merits of the case for both the periods. In view of this, the
proposed POI has been adopted by the Authority for the present investigation i.e., 1st April 2023 to 30th June
2024 (15 months). The injury examination period covers the periods 1st April 2020 – 31st March 2021, 1st April
2021 – 31st March 2022, 1st April 2022 – 31st Marc h 2023 and the POI.
E. DOMESTIC INDUSTRY & STANDING
13. The application has been filed by M/s Inox India Limited. It has been submitted in the petition that there is one
another producer of the subject goods in India, namely M/s Cryogas Equipment Private Limited . Further, as per
the information available on record, the production of the applicant accounts for major proportion (more than
90%) of the total domestic production of the like article in India. It is also submitted that the applicant has
neither imported the subject goods from the subject country nor is related to any exporter or producer in the
subject country or any importer in India.
14. On the basis of the information available on record, Authority is prima facie satisfied that the applicant, namely
M/s Inox India Limited constitute eligible 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.
F. BASIS FOR ALLEGED DUMPING
a. Normal value for China PR
15. The applica nt has claimed that in terms of Article 15(a) (i) of China’s Accession Protocol and Para 7 of
Annexure -I to the Anti -Dumping Rules, 1995, the normal value for Chinese producers may be determined
based on the cost or domestic selling price prevailing in Chi na PR, only if the responding Chinese producers
demonstrate that their cost and price information are based on market driven principles and allow for fair
comparison in terms of paras 1 to 6 of Annexure -I to the AD Rules, failing which, normal value for Ch inese
producers must be determined based on paras 7 and 8 of Annexure -I to the Rules.
16. The applicant has also claimed that the data relating to cost or price in market economy third country or
recourse to other alternative methods are not available. The nor mal value has been, thereby, constructed based
on the best estimates of the cost of production of the domestic industry of the subject goods as per the best
information available after duly adjusting the selling, general and administrative expenses, with r easonable
profits.
b. Export price
17. The export price for the subject goods has been computed based on the DG Systems transaction -wise import
data. Appropriate price adjustments have been claimed to make prices at ex -factory levels so that they become
comparab le with normal value.
c. Dumping margin
18. The normal value and the export price have been compared at the ex -factory level, which prima facie shows
that the dumping margin is above the de minimis level and significant in respect of the product under
considerati on exported from the subject country. Thus, there is sufficient prima facie evidence that the product
under consideration from the subject country is being dumped in the domestic market of India by the exporters
from the subject country.
G. INJURY AND CAUSAL LINK
19. Information furnished by the applicant has been considered for assessment of injury to the domestic industry
on account of dumped imports of the subject goods from the subject country. The volume of the subject goods
from the subject country has incr eased in absolute as well as relative terms. The price suppression and
depression caused by dumped imports have been preventing the applicant from moving its prices to recover the
full cost and achieve a reasonable rate of return. The applicant has also cl aimed that because of the adverse
volume and price effect of the dumped imports, their performance has deteriorated in respect of market share,
cash profit, profits and return on investment etc. There is sufficient prima facie evidence that the domestic
industry has suffered injury due to dumped imports from the subject country to justify the initiation of the anti -
dumping investigation.
H. INITIATION OF ANTI -DUMPING INVESTIGATION
20. On the basis of the duly substantiated written application submitted by the dome stic industry, and having
reached satisfaction based on the prima facie evidence submitted by domestic industry about dumping of
subject goods originating in or exported from the subject country, the injury to the domestic industry and the
causal link betw een such alleged dumping and injury, 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 alleged dumping in resp ect of the subject goods 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
21. The provisions stipulated in Rule 6 o f the AD Rules shall be followed in this investigation.
J. SUBMISSION OF INFORMATION
22. All communication should be sent to the Designated Authority via email at email addresses adv13 [email protected]
, consultant -dgtr@govcont ractor.in . , dd16 [email protected] and dd12 [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.
23. The known producers/exporters in the subject country, the government of the subject country through its
Embassy in India, the importers and users in India who are known to be associated with the subject goods 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.
24. 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.
25. 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.
26. The interested parties are further advised to keep a regular watch on the official website of the Directorate
General of Trade Remedies at www.dgtr.gov.in for any updated information with respect to this investigation.
Interested parties are directed to regularly visit t he website of DGTR ( https://www.dgtr.gov.in/ ) to stay
apprised with the further developments in the subject investigation and remain informed regarding notices that
may be issued from time to time regarding question naire formats, PCN methodology, PCN discussion/meeting
schedule, notice of oral hearing, corrigendum, amendment notifications, and other such information.
K. TIME LIMIT
27. Any information relating to the present investigation should be sent to the Designated Au thority via email at
email addresses adv13 [email protected] , consultant [email protected] , dd16 [email protected] and dd12 -
[email protected] within 30 days from the date on which it was sent by the Designated Authority or transmitted to
the appropriate diplo matic representative of the exporting country as per Rule 6(4) of the AD Rules. If no
information is received within the prescribed 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 AD Rules.
28. All the interested parties are hereby advi sed 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.
L. SUBMISSION OF INFORMATION ON CONFIDENTIAL BASIS
29. Any party making confidential submission or providing information on a confidential basis before the
Authority, is required to simultaneously submit a non -confidential version of the same information in terms of
Rule 7(2) of the Rules and in accordance with the relevant tr ade notices issued by the Authority in this regard.
Failure to adhere to the above may lead to rejection of the response/submissions.
30. The parties making any submission (including Appendices/Annexures attached thereto), before the Authority
including questi onnaire responses, are required to file confidential and non -confidential versions separately.
31. Such submissions must be clearly marked as ‘confidential’ or ‘non -confidential’ at the top of each page. Any
submission made without such marking shall be treat ed as ‘non -confidential’ information by the Authority, and
the Authority shall be at liberty to allow other interested parties to inspect such submissions.
32. The confidential version shall contain all information which is, by nature, confidential, and/or oth er
information, which the supplier of such information claims as confidential. For the information that is claimed
to be confidential by nature, or the information on which confidentiality is claimed because of other reasons,
the supplier of the informatio n is required to provide a good cause statement along with the supplied
information as to why such information cannot be disclosed.
33. The non -confidential version of the information filed by the interested parties is required to be a replica of the
confident ial 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. 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 i ndicate that
such information is not susceptible to summary, and a statement of reasons containing a sufficient and adequate
explanation as to why such summarization is not possible, must be provided to the satisfaction of the Authority.
34. The interested par ties 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.
35. The Authority may accept or reject the request for confident iality 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 i ts disclosure in
generalized or summary form, it may disregard such information.
36. 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.
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 version of their submissions/responses/information to all other
interested parties. Failure to circulate non -confidential version of the submissions/responses/information might
lead to consideration of an interested party as non -cooperative.
N. NON -COOPERATION
38. In case any interested party refuses access to and otherwise does not pr ovide 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.
DARPAN JAIN, Designated Authori ty
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