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EXTRAORDINARY
PART I —Section 1
PUBLISHED BY AUTHORITY
No. 88] NEW DELHI, SATURDAY , MARCH 30, 2024 /CHAITRA 10, 1946
CG-DL-E-30032024-253463
आयात जिम्नजलजखत कोड 76071190, 76 072090, 76072010, 76071110, 76071999, 76071991,
MINISTRY OF COMMERCE AND INDUSTRY
(Department of Commerce )
(DIRECTORATE GENERAL OF TRADE REMEDIES)
NOTIFICATION
New Delhi, the 29th March, 2024
Case No. AD (MTR) -01/2024
Subject: Initiation of a Mid -Term Review of anti -dumping duty imposed on the imports of
“Aluminium foil be low 80 microns” originating in or exported from Thailand.
1. F. No. 7/3/2024 -DGTR .—M/s Hindalco Industries Ltd., M/s Shyam Sel & Power Ltd., M/s Shree
Venkateshwara Electrocast Pvt. Ltd., M/s Raviraj Foils Ltd., M/s GLS Foils Product Pvt. Ltd., and M/s LSKB
Aluminium Foils Pvt. Ltd. (hereinafter also referred to as the "applicants") have filed an application before the
Designated Authority (hereinafter also referred to as the "Authority") as domestic industry of the like article in India,
in accordance with t he Customs Tariff Act, 1975 as amended from time to time (hereinafter also referred to as the
"Act") and Customs Tariff (Identification, Assessment and Collection of Anti -dumping Duty on Dumped Articles and
for Determination of Injury) Rules, 1995 as amend ed from time to time (hereinafter also referred to as the "Rules") for
initiation of a mid -term review investigation concerning imports of "Aluminium foil below 80 micron" (hereinafter
also referred as the "product under consideration" or the "PUC" or the "subject goods"), originating in or exported
from Thailand (hereinafter also referred to as the "subject country").
2. The applicants have submitted that there is a need to re -evaluate and enhance the anti -dumping duty levied
against imports of the subject go ods exported from Thailand.
A. BACKGROUND OF THE CASE
3. The Designated Authority recommended anti -dumping duty on imports of “aluminium foil below 80
microns” from Thailand, Malaysia, Indonesia and China vide final findings file no. 6/21/2020 -DGTR, dated
the 1 8th June, 2021, which was levied vide notification no. 51/2021 -Customs (ADD) dated 16th September,
2021. The applicants have requested for enhancement of the anti -dumping duties levied vide notification no.
51/2021 - Customs (ADD) dated 16th September , 2021 in respect of the exporters/producers from Thailand.
B. PRODUCT UNDER CONSIDERATION
4. The present investigation being a mid -term review, the scope of the product under consideration is the same
as that in the previous investigation. The product under co nsideration is in the previous investigation as
under:
“18. Aluminium Foil whether or not printed or backed with paper, paper board, plastics or similar
packing materials of a thickness of 80 micron and below (with permissible tolerances)" excluding the
following:
i. Aluminium foil of thickness ranging from 5.5 micron to 80 micron originating in China.
ii. Alu-Alu Laminate
iii. Ultra -Light Gauge Converted
iv. Aluminium Foil Composite
v. Aluminium foil for capacitors width below 500 mm
vi. Etched or formed Aluminium Foils
vii. Aluminiu m composite panel
viii. Clad with compatible non clad Aluminium Foil
ix. Aluminium Foil for beer bottle
x. Aluminium - Manganese - Silicon based and/or clad Aluminium -
xi. Manganese -Silicon based alloys, whether clad or unclad
xii. Adhesive tapes
xiii. Colour coated aluminium foil
5. The product under consideration is classified under subheading 7607 of the Customs Tariff Act. Imports of
the subject goods are entering into India under the following codes 76071190, 76072090, 76072010,
76071110, 76071999, 76071991, 76071995, 76071910, 760719 94, 76071993 and 76071992. The customs
classification is indicative and is not binding on the scope of the product under consideration.
6. The Authority had used PCNs in the previously conducted investigation. The applicants have followed the
same PCNs in th e application filed. However, comments are invited from the interested parties on
appropriateness of the PCNs proposed:
Sl.No. Type of Foil Micron Range Bare / Converted
1 Alu Alu Stock 45-60 Bare Foil
2 House Foil 9- 18 Bare Foil
3 Light Gauge (LG ) 7 - 18 Bare Foil
4 Medium Gauge (MG) 20-60 Bare Foil
5 Semi Rigid Container (SRC) 33 - 80 Bare Foil
6 Ultra -Light Gauge Bare 5.5 - <7 Bare Foil
7 Ultra -Light Gauge Bare Below 5.5 Bare Foil
8 Cigarette Foil Below 7 microns Bare Foil
9 SRC Converted 33 - 80 Converted
10 Medium Gauge (MG) Converted 20-60 Converted
11 Home foil converted 9-18 Converted
12 Light Gauge (LG) Converted 7 - 18 Converted
7. The parties to the present investigation may provide their comments on the PUC and propose PCNs, if a ny,
within 15 days of circulation of the non -confidential version of the application filed before the Authority.
C. LIKE ARTICLE
8. The applicants have stated that there are no significant differences in the article produced by the applicants
and those exported from Thailand. The article produced by the applicants and that imported from Thailand
are comparable in terms of physical and chemical characteristics, manufacturing process and technology,
functions and uses, product specifications, pricing, distribution and marketing, and tariff classification of the
subject goods. The subject goods and the article manufactured by the applicants are technically and
commercially substitutable. The applicants have claimed that consumers of the PUC are using the subject
goods and the article manufactured by the applicants interchangeably. Thus, for the purposes of initiation of
the present investigation, the subject goods produced by the applicants are being treated as like article to the
product being imported from Thailand .
D. DOMESTIC INDUSTRY & STANDING
9. The application has been filed by M/s Hindalco Industries Ltd., M/s Shyam Sel and Power Ltd., M/s Shree
Venkateshwara Electrocast Pvt. Ltd., M/s Raviraj Foils Ltd., M/s GLS Foils Product Pvt. Ltd., and M/s
LSKB Aluminium Fo ils Pvt. Ltd., as domestic producers of the like article in India. The application has been
supported by the following producers i.e. ESS DEE Aluminium Ltd., Sparsh Industries Pvt. Ltd, SRF Altech
Ltd., and Trefoil Packaging Pvt Ltd.
10. Sparsh Industries Pvt . Ltd. is a new producer of the subject goods, ESS DEE Aluminium Ltd., SRF Altech
Ltd., and Trefoil Packaging Pvt Ltd., are establishing new production capacities and are yet to commence
production.
11. LSKB Aluminium Foils Pvt. Ltd., Hindalco Industries Ltd., Raviraj Foils Ltd., Shyam Metalics and Energy
Ltd., and Shree Venkateshwara Electrocast Pvt. Ltd. have not imported the subject goods from the subject
country. However, GLS Foils Product Pvt. Ltd., has imported the subject goods from China. The applicants
are also not related to any the importer or the exporter of the subject goods.
12. The domestic producers constitute a major proportion of the total domestic production, and therefore,
constitute domestic industry under Rule 2(b) of the Anti -Dumping Rules.
E. SUBJECT COUNTRY
13. The scope of the present mid -term review is confined to the subject goods originating in or exported from
Thailand.
F. PERIOD OF INVESTIGATION (POI)
14. The applicants have proposed October 2022 -September 2023 (12 months) as the period of investigat ion
(hereinafter also referred to as 'POI'). The injury information has been provided for the POI and three
preceding years, i.e., April 2019 -March 2020, April 2020 -March 2021, April 2021 -Septemebr 2022
(Annualised), and the POI .
G. GROUNDS FOR REVIEW
15. The ap plicants have claimed that there is a need for re -evaluation of dumping margin and injury margin for
exporters/producers from Thailand, due to the following:
a. There is a significant shift in the product profile exported by the exporters between the previous
investigation and the present period.
b. That there is an increase in costs on account of raw materials which is not proportionately
reflected in the increase in the export price.
c. There is an increase in dumping margin due to change in normal value, as well as without
proportionate change in the export price.
d. The applicant also submitted that there is an increase in injury margin due to change in NIP, and
landed value.
16. The applicants have therefore, claimed that there is a need for enhancement of anti -dumping duties levied.
H. INITIATION OF THE INVESTIGATION
17. On the basis of the duly substantiated application by the domestic producers of like article in India, and
having satisfied itself, on the basis of prima facie evidence substantiating the need for a mid -term review of
anti-dumping duty earlier imposed on the subject goods originating in or exported from Thailand, and in
accordance with Section 9A of the Act read with Rule 23(1A) of the Rules, the Authority, hereby, initiates a
mid-term review to examine the ne ed for redetermining the quantum of the anti -dumping duty earlier
extended on the subject goods from Thailand.
I. PROCEDURE
18. The review would be limited to the dumping margin and injury margin determined and quantum of duties
levied vide final findings file no . 6/21/2020 -DGTR dated 18th June, 2021 and notification no. 51/2021 -
Customs (ADD) dated 16th September, 2021.
19. The provisions of Rules 6, 7, 8, 9, 10, 11, 16, 17, 18, 19 and 20 of the Rules supra shall be mutatis mutandis
applicable in this review.
J. SUBMIS SION OF INFORMATION
20. All communication should be sent to the Designated Authority via email at email addresses jd12-
[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 format.
21. 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 para 23 of this notification. All such information must be filed in the form and manner as prescribed by
this initiation notification, the AD Rules, 1995 and the applicable trade notices issued by the Authority.
22. Any other interested party may also make submiss ion relevant to the present investigation in the form and
manner as prescribed by this initiation notification, the AD Rules, 1995 and the applicable trade notices
issued by the Authority within the time limits mentioned in this initiation notification.
23. Any other interested party may also make submission relevant to the present investigation in the form and
manner as prescribed by this initiation notification, the AD Rules, 1995 and the applicable trade notices
issued by the Authority within time limit ment ioned in this initiation notification.
24. Any party making any confidential submission before the Authority is required to make a nonconfidential
version of the same available to the other interested parties.
25. Interested parties are further advised to keep a r egular 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
26. Any information relating to the present investigat ion should be sent to the Designated Authority via email
[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 application filed by the domestic industry would be circulated by
the Designated Authority or transmitted to the appropriate diplomatic representative of the exporting country
as per Rule 6 (4) of the ADD Rules. If no information is received within the stipulated 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 Rules. The time limits s pecified herein shall be for filing questionnaire
responses and any other information that an interested party wishes to provide with regard to present
investigation. The Authority may reject any submissions that are filed after the prescribed time limits.
27. 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 as stipulated in this
notification.
28. Where an interested p arty 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
29. Where any party to the present investigation makes confidential submissions or provides information on a
confidential basis before the Authority, it is required to simultaneously submit a nonconfidential version of
such information i n terms of Rule 7(2) of the AD Rules and in accordance with the relevant trade notices
issued by the Authority in this regard.
30. Such submissions must be clearly marked as "confidential" or "non -confidential" at the top of each page. Any
submission which has been made to the Authority without such markings shall be treated as "non -
confidential" information by the Authority, and the Authority shall be at liberty to allows other interested
parties to inspect such submissions.
31. The non -confidential version of the information filed by the interested parties should essentially 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 a dequately summarized
depending upon the information on which confidentiality is claimed.
32. The non -confidential summary must be in sufficient detail to permit a reasonable understanding of the
substance of the information furnished on confidential basis. How ever, 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 AD 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 interested parties can offer their comments on the issues of confidentiality claime d by any interested
party within 7 days from the date of circulation of the non -confidential version of the documents filed before
the Authority.
34. The Authority may accept or reject the request for confidentiality on examination of the nature of the
informa tion 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 m ay disregard such information.
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 authorization of the party providing such information.
M. INSPECTION OF PUBLIC FILE
36. 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/response/information to all other
interested parties. Fail ure to circulate non - confidential version of submissions/response/information might
lead to consideration of an interested parry as non -cooperative.
N. NON -COOPERATION
37. In case any interested party refuses access to and otherwise does not provide necessary in formation within a
reasonable period or within the time stipulated by the Authority in this initiation notification or subsequently
time period provided through separate communication, or significantly impedes the investigation, the
Authority may declare s uch 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
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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