Govt imposes Anti-Dumping Duty on Sulphur Black import from China

Govt imposes Anti-Dumping Duty (ADD) on Sulphur Black imported from China PR for 5 years pursuant to final findings of DGTR vide Notification No. 21/2024-Customs (ADD) | Dated: 22nd October, 2024

On October 22, 2024, the Ministry of Finance issued Notification No. 21/2024-Customs (ADD), imposing an anti-dumping duty on “Sulphur Black” imported from China. The designated authority determined that this product, categorized under several specific tariff items, was being exported at prices below normal value, resulting in dumping that adversely affected the domestic industry in India. The investigation revealed that the landed prices of these imports undercut the selling prices of local producers, causing material injury to the industry. Consequently, the notification establishes varying anti-dumping duty rates: $271 per metric ton for Shandong Dyeriyarn Ecochem Co., Ltd. and $389 per metric ton for other producers, applicable for five years unless amended or revoked. The notification clarifies that the exchange rate for duty calculation will follow the Government of India’s specified rates. The customs classification mentioned is indicative and does not restrict the investigation’s scope. This measure aims to mitigate the pricing disparities impacting the Indian Sulphur Black market.

MINISTRY OF FINANCE
(Department of Revenue)

Notification No. 21/2024-Customs (ADD) | Dated: 22nd October, 2024

G.S.R. 658(E).—Whereas, in the matter of “Sulphur Black” (hereinafter referred to as the subject goods), falling under tariff items 3204 11 96, 3204 12 18, 3204 19 11, 3204 19 25,3204 19 58, 3204 19 64, 3204 19 67, 3204 19 79 or 3204 90 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), originating in, or exported from China PR (hereinafter referred to as the subject country) and imported into India, the designated authority in its final findings vide notification F. No. 6/08/2023-DGTR, dated the 7th August, 2024, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7^th August, 2024, has, inter alia, come to the conclusion that-

(i) the product under consideration has been exported to India at a price below normal value, thus resulting in dumping;

(ii) the dumping of the subject goods has resulted in material injury to the domestic industry in India;

(iii) the landed price of imports is below the level of selling price of the domestic industry and is undercutting the prices of the domestic industry,

and has recommended imposition of anti-dumping duty on imports of the subject goods, originating in, or exported from the subject country and imported into India, in order to remove injury to the domestic industry.

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act read with rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, after considering the aforesaid final findings of the designated authority, hereby imposes on the subject goods, the description of which is specified in column (3) of the Table below, falling under the tariff item of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2), originating in the countries as specified in the corresponding entry in column (4), exported from the countries as specified in the corresponding entry in column (5), produced by the producers as specified in the corresponding entry in column (6), and imported into India, an anti-dumping duty at the rate equal to the amount as specified in the corresponding entry in column (7), in the currency as specified in the corresponding entry in column (9) and as per unit of measurement as specified in the corresponding entry in column (8) of the said Table, namely :-

TABLE

Note: The Customs classification is only indicative and is not binding on the scope of the present investigation.

2. The anti-dumping duty imposed under this notification shall be levied for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Official Gazette and shall be payable in Indian currency.

Explanation.– For the purposes of this notification, rate of exchange applicable for the purpose of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962), and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.

[F. No. CBIC-190354/156/2024-TRU Section-CBEC]

AMREETA TITUS, Dy. Secy.