India Imposes 5-Year Anti-Dumping Duty on Gypsum Tiles from China PR & Oman

The Ministry of Finance, Department of Revenue, India, through Notification No. 16/2023-Customs (ADD) dated 26th December 2023, has decided to impose an anti-dumping duty on Gypsum Board/Tiles with lamination, originating from China PR and Oman. This move comes after the designated authority’s final findings highlighted the adverse effects of dumping on the domestic industry.

Detailed Analysis:

The designated authority, in its final findings, identified key reasons for imposing the anti-dumping duty. Firstly, it determined that the subject goods were exported to India at prices below the normal value, constituting dumping. Secondly, the dumping had a material impact on the establishment of the domestic industry in India. Lastly, this material retardation was attributed to the dumped imports from China PR and Oman.

The anti-dumping duty rates, specified in the notification, vary for different producers and countries. For instance, Dream brand new materials (Pingyi) co. ltd. from China PR faces a duty of 23.46 USD/MT, while Global Gypsum Board Co. LLC. from Oman faces a duty of 71.80 USD/MT.

The duty, applicable for a five-year period, aims to mitigate the injury caused to the domestic industry. The rates are specified in USD per metric ton and shall be payable in Indian currency. The relevant date for determining the rate of exchange is the date of bill of entry presentation under section 46 of the Customs Act, 1962.

Conclusion: India’s decision to impose an anti-dumping duty on Gypsum Tiles reflects its commitment to safeguarding domestic industries. This move is expected to address the adverse impacts of dumping from China PR and Oman and foster a more competitive and stable environment for the domestic gypsum industry. Stakeholders should closely monitor the implementation and effects of this duty over the specified five-year period.

MINISTRY OF FINANCE
(Department of Revenue)

Notification No. 16/2023-Customs (ADD) | Dated: 26th December, 2023

G.S.R. 915(E).—Whereas, in the matter of “Gypsum Board / Tiles with lamination at least on one side” (hereinafter referred to as the subject goods), falling under chapter 68 of the First Schedule of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), originating in, or exported from People’s Republic of China and Oman (hereinafter referred to as subject countries) and imported into India, the designated authority in its final findings, vide notification F. No. 06/11/2022-DGTR, dated the 29th September, 2023, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 29th September, 2023, has come to the conclusion, inter alia, that-

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

ii. the dumping of the subject goods has materially retarded the establishment of the domestic industry in India.;

iii. the material retardation to the establishment of the domestic industry in India is due to the subject dumped imports from the subject countries,

and has recommended imposition of anti-dumping duty on imports of the subject goods, originating in, or exported from the subject countries 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 1975 (51 of 1975) 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 items 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), which are 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

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. 190354/230/2023-TRU]

NITISH KARNATAK Under Secy.