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India has imposed provisional anti-dumping duties on imports of toluene diisocyanate (TDI) with an isomer content of 80:20 from the European Union, Saudi Arabia, Chinese Taipei and the United Arab Emirates for a period of six months from December 2
.
In a notice issued by the Central Committee of Indirect Taxes and Customs (CBIC), the decision is aimed at eliminating harm to the domestic industry
.
"During the investigation period, compared to the previous year, the absolute value of imports of related goods from major countries and their production and consumption in India have increased significantly
.
"The domestic industry has suffered substantial harm," CBIC said in the notice
.
The Directorate-General of Trade has launched a review in September 2020 and provided preliminary findings
.
In Incoterms, dumping occurs when a country or company exports a product at a price lower than its domestic market price
.
Dumping affects the price of products in the importing country, adversely affecting the margins and profits of manufacturing companies
.
Under global trade guidelines, a country can impose tariffs on such dumped products, providing a level playing field for domestic manufacturers
.
Tariffs can only be imposed after a thorough investigation by India's quasi-judicial bodies such as the General Directorate of Trade
.
The World Trade Organization (WTO) system allows for the imposition of anti-dumping duties
.
India and Vietnam are members of the Geneva-based group that deals with global trade norms
.
The purpose of imposing anti-dumping duties is to ensure fair trade practices and to create a level playing field between domestic producers and foreign producers and exporters
.
Case background
Case background1.
Gujarat Narmada Valley Fertilizers and Chemicals Limited (the “Applicant”) in accordance with the Customs Tariff Act 1975 (the “Act”), as amended from time to time, and the Customs Tariff (Determination, Assessment and Collection of Dumping Items Anti-dumping Duties and Determination of Injury) Rules (hereinafter referred to as the "Rules") to submit an application to a notified body to initiate an anti-dumping investigation into imports of toluene diisocyanate from the European Union, Saudi Arabia, Chinese Taipei and the United Arab Emirates
.
2.
Based on the prima facie evidence submitted by the applicant, the Authority has published Notice No.
6/43/2019-DGTR on 31 January 2020 in the Special Gazette of the Government of India, pursuant to Section 9A of the Act and the Rules Article 5 initiates an investigation to determine the existence, extent and effect of alleged dumping of the subject matter originating in or exporting from the country concerned, and announces the recommended amount for the imposition of anti-dumping duties which, if imposed, would be sufficient to eliminate the called damage
.
3.
The Authority, taking into account the Law and the Rules, considers that it is appropriate to propose a provisional tax, and has published its preliminary findings on 4 September 2020 through Notification No.
Temporary anti-dumping duties are levied on the import of the subject matter exported from the target country
.
Accordingly, the central government issued on December 2, 2020, No.
43/2020-Customs Notice, imposing provisional anti-dumping duties on toluene diisocyanate imported from Chinese Taipei, the European Union, Saudi Arabia and the United Arab Emirates for a period of 6 months
.
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