Anti-Dumping Investigation concerning imports of Aluminium Foil 80 micron and below from China PR, Indonesia, Malaysia a

To be oublished in Part I Section I ofthe Gazette oflndia Extraordinarv F. No.7f,112024-DGTR Government of India Department of Commerce Ministry of Commerce & Industry (Directorate General of Trade Remedies) 4th Floor, Jeevan Tara Building, 5, Parliament Street, New Delhi - 110001 Dated: 29.03.2024 NOTIFICATION

Case No. AD (MTR)-0U2024.

Subject: Initiation of a Mid-Terr Review of anti-dumping duty imposed on the imports

of "Aluminium foil below E0 microns" originating in or exported from Thailand.

1. IWs Hindalco Industries Ltd., I{/s Shyam Sel & Power Ltd., IWs Shree Venkateshwara Electrocast Pvt. Ltd., IWs Raviraj Foils Ltd., tWs GLS Foils Product Pvt. Ltd., and lWs LSKB Aluminium Foils Pvt. Ltd. (hereinafter also refened to as the "applicants") have filed an application before the Designated Authority (hereinafter also refened to as the "Authority") as domestic industry of the like article in India, in accordance with the Customs Tariff Acg 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 amended from time to time (hereinafter also referred to as the "Rules") for initiation of a mid-term review investigation conceming imports of "Aluminium foil below E0 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 county").
2. The applicants have submitted that there is a need to re-evaluate and enhance the anti-dumping duty levied against imports ofthe subject goods exported from Thailand. A. BACKGROTJI\D OFTHE CASE
3. The Designated Authority recommended anti-dumping duty on imports of "aluminium foil below 80 microns" from Thailand, Malaysi4 Indonesia and China vide final findings file no. 6t21t2O2O-DGTFe dated the 18d June, 2021, which was levied vide notification no.5l/2021- Customs (ADD) dated l6h September, 2021. The applicants have requested for enhancement of the anti-dumping duties levied vide notification no.51t2021- Customs (ADD) dated 16m September, 2021 in respect ofthe exporters/producers from Thailand. I

B. PRODUCTTJ}ID CONSIDERATION 4. The present investigation being a mid-term review, the scope ofthe product under consideration is the same as that in the previous investigation. The product under consideration is in the previous investigation as under: " 18. Aluminium Foil whether or not printed or backed with paper, paper board, plaslics or similar packing materials of a thicbtess of 80 micron and below (with permissible lolerances) " exc luding the follow ing: i. Aluminiumfoil of thicbtess rangingfrom 5.5 micron to 80 micron originating in China. ii. Alu-Ah Laminale iii. Utra-Light Gauge Converted iv. Aluminium Foil Composite v. Aluminium foil for capacitors width below 500 nm vi. Etched or formed Aluminiunr Foils vii. Aluminium composite panel viii. Clad with compatible non clad Aluminium Foil k. Aluminium Foil for beer bottle x. Aluminium- Manganese- Silicon based and/or clad Aluminium-Mongonese-Silicon bosed olloys, whether clod or unclod xi. Adhesive lapes xii. Colotr coated aluminium foil 5. The product under consideration is classified under subheading 7607 ofthe Customs TariffAct. Imports of the subject goods are entering into India under the following codes 76071 190, 76072090, 76072010, 76071110, 76071999, 76071991, 76071995, 76071910,76071994, 76071993 and 76071992. The customs classification is indicative and is not binding on the scope ofthe product under consideration. 6. The Authority had used PCNs in the previously conducted investigation. The applicants have followed the same PCNs in the application filed. Howcver, comments are invited from the interested parties on appropriateness ofthe PCNs proposed: SN I}pe of Foil Micron Range Bert / Converted I Alu Alu Stock 45-60 Bare Foil 1 House Foil 9- lE Bare Foil 3 Light Gauge (LG) 7 -18 Bare Foil 4 Medium Gauge (MG) 20-60 Bare Foil 5 Semi Rigid Conuiner (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 2

Converted 33-80 9 SRC Converted Converted 20-60 l0 Medium Gauge (MG) Converted 9-18 Converted 1l Home foil converted Converted 7 - lE 12 Light Gauge (LG) Converted E Cigarette Foil Below 7 microns Bare Foil 7. The parties to the present investigation may provide their comments on the PUC and propose PCNs, if any, within 15 days of circulation ofthe non+onfidential version ofthe application filed before the Authority. C. LIKEARTICLE 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 ofthe 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 applicans interchangeably. Thus, for the purposes of initiation of the present investigation, ttre subject goods produced by the applicants are being treated as like article to the product being imported from Thailand. 9. The application has been filed by IWs Hindalco Industries Ltd., lws shyam Sel and Power Ltd., IWs Shree Venkateshwara Electrocast hrt. Ltd., IWs Raviraj Foils Ltd., Nl/s GLS Foils Product P\4. Ltd., and IWs LSKB Aluminium Foils 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 Indusries hrt. Ltd. is a new producer of the subject goods, ESS DEE Aluminium Ltd., SRF Altech Ltd., and Trefoil Packaging PW Ltd., are establishing new production capacities and are yet !o commence production. 11. LSKB Aluminium Foils Pvt. Ltd., Hindalco Industries Ltd', Raviraj Foils Ltd., Shyam Sel and Power 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 ofthe 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. 3

E. SI,IBJECT COT]NTRY 13. The scope of the present mid-term review is confined to the subject goods originating in or exported from Thailand. F. PERIOD OF IITVESTIGATION (PON 14. The applicants have proposed October 2022-September 2023 (12 months) as the period of investigation (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-Mtch 2021, April 2021-Septemebr 2022 (Annualised), and the POI. G. GROTJNDS FORREVIEW 15. The applicants have claimed that there is a need for re-evaluation ofdumping margin and injury margin for exporterVproducers from Thailand, due to the following: a. There is a significant shift in the product profile exported by tlte 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. INTNATION OF THE INVESTIGATION 17. On the basis ofthe 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 imposcd on the subject goods originating in or exported from Thailand, and in accordance with Section 9A ofthe Act read with Rule 23(lA) of the Rules, the Authority, hereby, initiates a mid-term review to examine the need for redetermining the quantum ofthe anti-dumping duty earlier extended on the subject goods from Thailand. 4 I. PROCEDT]RE

18- The review would be limited to the dumping margin and injury margin determined and quantum of duties levied vide final findings file no. 6l2ll2O20-DGTR dated 18'h June, 2021 and notification no. 51/2021 -Customs (ADD) dated 161h 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. SUBMISSION OF INFORMATION 20. All communication should be sent to the Designated Authority via email at ernail addresses id12-dgtr@gov.in and adl2-detr@eov.in with a copy to advl1-dqtr@sov.in. It must be ensured that the narrative part of the submission is in searchable PDF/lvIS-Word forrnat and data files are in MS-Excel fomrat. 21. The known producers/exporters in the subject country, the govemment ofthe subject country thrcugh its embassy in India, the importers and users in India who are known to be associated with the subject goods are bcl.^ informed separately to enable them to file all the relevant information within the time limits mentioned tn para 23 of this notification. All such information must be filed in the form and manner as prescribed by this initiation notifrcation, the AD Rules, 1995 and the applicable trade notices issued by the Authority. 22. 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 the time limits mentioned in this initiation no tification. 23. Any other interested party may also make submission relevant to the present investigation in the form and marmer as prescribed by this initiation notification, the AD Rules, 1995 and the applicable trade notices issued by the Authodty within time limit mentioned in this initiation notification. 24. Ary pa:ty making any confidential submission before the Authority is require.d to make a nonconfidential version ofthe same available to the other interested parties. 25. Interested parties are further advised to keep a regular watch on the offrcial website of the Designated Authority httos://www. dgtr. gov.in / for any updated information with respect to this investigation. I( TIME LIMIT 26. Alry information relating to the present investigation should be sent to the Designated Authority via email id12-detr@gov.in and ad12-dqtr(Asov.in with a copy to advl l- dstr@sov.in within 30 days from the date on which the non-confidential version of the application frled by the domestic industry would be circulated by the Designated Authority or 5

transmitted to the appropriate diplomatic rq)resentative 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 specified 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 (mcluding the nature of rnterest) in the instant matter and file their questionnaire responses within the above time limit as sripulated in this notification. 28. Where an interested party seeks additional time for fi1ing of submissions, it must demonstrate suffrcient 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. SUB}trSSION OF INFORMATION ON CONFIDENTIAL BASIS 29. Where any party to the present investigation malies confidential submissions or provides information on a confidential basis before the Authority, it is required to simultaneously submit a nonconfidential version of such information in 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 frled by the interested parties should essentially be a replica of the confidential version with the confidential information preferably indexed or blanked out (where inderation is not possible) and such information must be appropriately and adequately summarized depending upon the information on which confi dentiality is claimed. 32. The non-confidential summary must be in sufficient detail to permit a reasonable understanding ofthe substance ofthe information fumished on confidential basis. Howevel in exceptional circumstances, the party submitting the confidential urfomration may indicate that such hformation is not susceptible to summary, and a sbatement 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. 6

33. The interested parties can offer their comments on the issues of confrdentiality claimed 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 information submitted. If the Authority is satished 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.
35. The Authority, on being satisfied and accepting the need for confidentiality ofthe information provided, shall not disclose it to any party without specific authorization ofthe party providing such information. M. INSPECTION OF PUBLIC FILE
36. A list ofregistered 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. Failure 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 information 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 such interested party as non-cooperative and record its findings based on the facts available and make such recommendations to the Central Govemment as it deems fit (Anant Swarup) Designated Authority 7