Full Text
REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-30032025-262166
EXTRAORDINARY
PART I-Section 1
PUBLISHED BY AUTHORITY
No. 107]
NEW DELHI, SUNDAY, MARCH 30, 2025/CHAITRA 9, 1947
2261 GI/25
MINISTRY OF COMMERCE AND INDUSTRY
(Department of Commerce)
(Directorate General of Trade Remedies)
NOTIFICATION
New Delhi, 29th March 2025
INITIATION NOTIFICATION
CASE No. AD (OI) – 04/2025
Subject: Initiation of anti-dumping investigation concerning imports of “Viscose Rayon Filament Yarn (VFY)
above 75 deniers" originating in or exported from China PR.
1. F. No. 6/04/2025-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, 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'), Association of Man-Made Fibre Industry of India (hereinafter
referred to as the 'applicant association') and Grasim Industries Limited (hereinafter referred to as 'domestic
industry' or 'petitioner') have filed an application before the Designated Authority (hereinafter referred to as
the 'Authority'), for initiation of an anti-dumping investigation on imports of "Viscose Rayon Filament Yarn
(VFY) above 75 deniers" (hereinafter referred to as the 'product under consideration' or 'subject goods' or
'PUC') originating in or exported from China PR (hereinafter referred to as 'subject country').
2. The petitioner has alleged that material injury is being caused due to the dumped imports of the subject goods
from the subject country and has requested for the imposition of the anti-dumping duties on the imports of the
subject goods, originating in or exported from the subject country.
A. PRODUCT UNDER CONSIDERATION
3. The product under consideration (PUC) in the present investigation is 'Viscose Rayon Filament Yam/Thread
above 75 deniers' classifiable under customs classification 5403, excluding yarn produced through Spool Spun
Technology.
Exclusion
4. Only ready to use embroidery thread on small bobbin that can be installed on embroidery machine, and which
is classifiable under customs classification 5401, is excluded from the scope of the present investigation.
5. The product is classified under the Chapter 54 of the Customs Tariff Act, 1975 (51 of 1975) under subheadings
of the tariff custom classification as 5403. The product is majorly imported under 54031090, 54033100,
54033200, 54033300, 54033990, 54034110, 54034150, 54034190, 54034911, 54034912, 54034913, 54034919
and 54034990. The customs classification is only indicative and is not binding on the scope of the product
under consideration.
6. The applicant has proposed following product control numbers (PCN) methodology for the product under
consideration in the present investigation.
+-------------+------------------+
| Parameters | Proposed PCN |
+=============+==================+
| Technology | a. PSY |
| | b. CSY |
+-------------+------------------+
| Denier of yarn| Actual denier |
+-------------+------------------+
| Twisting | a. Untwisted |
| | b. One-time twisted|
| | c. Double twisted|
+-------------+------------------+
| Dyed/Undyed | a. Dyed |
| | b. Undyed |
+-------------+------------------+
7. The parties to the present investigation may provide their comments on the scope of product under
consideration and proposed PCN methodology, if any, within 15 days of circulation of the intimation of
initiation of the investigation.
B. LIKE ARTICLE
8. The petitioner 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. The product produced by the domestic industry and those
imported from the subject country are comparable in terms of essential product characteristics such as physical
and chemical characteristics, manufacturing process & technology, functions & usage, product specifications,
pricing, distribution & marketing and tariff classification of the goods. 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 petitioner in India are being treated as 'like article' to the subject goods being
imported from the subject country under the Rules.
C. SUBJECT COUNTRY
9. The subject country in the present investigation is China PR.
D. PERIOD OF INVESTIGATION
10. The proposed period of investigation (POI) adopted by the Authority for this investigation is from 1st October
2023 - 30th September 2024 (12 months). The injury examination period covers the periods 1st April 2021 –
31st March 2022, 1st April 2022 – 31st March 2023, 1st April 2023 – 31st March 2024 and the POI.
E. DOMESTIC INDUSTRY & STANDING
11. The application has been filed by the Association of Man-Made Fibre Industry of India. Grasim Industries
Limited has provided data relating to injury to the domestic industry. M/s Grasim Industries Limited has
claimed that it has neither imported the subject goods from the subject country nor is related to any exporter or
producer of the subject goods in the subject country.
12. On the basis of the information available, the production of the Grasim Industries Limited accounts for a major
proportion in the domestic production of the like article in India. Accordingly, on the basis of the information
contained in the application, the Authority is prima facie satisfied that the application has been made by or on
behalf of the domestic industry in terms of the provisions of Rule 2(b) and Rule 5(3) of the Rules.
F. BASIS OF ALLEGED DUMPING
a.Normal value for China PR
13. The applicant 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 of domestic selling price prevailing in China 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 Chinese
producers must be determined based on paras 7 and 8 of Annexure-I to the Rules.
14. 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 normal 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 adjusted the selling, general and administrative expenses, with reasonable
profit.
b. Export price
15. The export price for the subject goods has been computed based on the DG System transaction wise import
data. Appropriate price adjustments have been claimed to make prices at ex-factory levels so that they become
comparable with normal value.
c. Dumping 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 with respect to the product under consideration imported from the subject
country is above the de minimis level. Thus, there is sufficient prima facie evidence that the product under
consideration is being dumped in the domestic market of India by the exporters from the subject country.
G. EVIDENCE OF INJURY AND CAUSAL LINK
17. Information furnished by the domestic industry has been considered for assessment of injury to the domestic
industry. The domestic industry has furnished evidence with respect to the injury suffered because of the
alleged dumped imports. The volume of imports from the subject country has shown an increase in absolute
terms in the period of investigation and it is a significant share of total demand and production. The dumped
imports are supressing the prices of the domestic industry. As a result, the domestic industry has incurred
losses, cash losses, loss before interest and tax and negative return on capital employed. The inventories with
the domestic industry sharply increased over the injury period. There is sufficient prima facie evidence of
injury being caused to the domestic industry by dumped imports of subject goods from the subject country.
H. INITIATION OF ANTI-DUMPING INVESTIGATION
18. On the basis of the duly substantiated written application submitted by the applicant and having reached
satisfaction based on the prima facie evidence submitted by the applicant and the domestic industry concerning
the dumping of the product under consideration originating in or exported from the subject country, 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 and 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 under consideration
originating in or exported from subject country 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 dd16-dgtr@gov.in
and dd12-dgtr@gov.in with a copy to adv13-dgtr@gov.in and consultant-dgtr@nic.in. 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 subject country, the government of subject country 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 applicable 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 issued 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 well 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
the following email addresses dd16-dgtr@gov.in and dd12-dgtr@gov.in with a copy to adv13-dgtr@gov.in and
consultant-dgtr@nic.in. within 30 days from the date on which the non-confidential version of the documents
filed by the applicant 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 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.
26. 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.
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 before 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 be 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. For 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
information 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 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 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 interested parties can offer their comments on the issues of confidentiality within 7 days from the date of
circulation of the non-confidential version of the documents.
34. Any submission made without a meaningful non-confidential 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 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.
36. 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
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 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.
DARPAN JAIN, Designated Authority