INVESTIGATION PROGRESS

Date Status
28 Jan 2010 Definitive duty
30 Jul 2009 Preliminary duty
26 Dec 2008 Initiation

IMPLEMENTATION LEVEL

National

AFFECTED FLOW

Inflow

ANNOUNCED AS TEMPORARY

No

NON-TRADE-RELATED RATIONALE

No

ELIGIBLE FIRMS

all

JUMBO

No

TARIFF PEAK

No
← back to the state act
Inception date: 30 Jul 2009 | Removal date: open ended
Still in force

Anti-dumping

On December 26, 2008, the Indian authorities initiated an anti-dumping investigation on imports of carbon black (also known as acetylene black, channel black, furnace black, lamp black, lampblack, thermal black, and noir de carbone) used in rubber applications from Australia, China, Iran, Malaysia, Russia and Thailand.
The product subject to investigation is classified under the following HS code: 2803.0010.
The application was lodged by the Association of Carbon Black Manufacturers, Kolkata on behalf of the domestic industry.
 
On May 25, 2009, the Indian authorities issued their preliminary findings and recommended the imposition of a provisional anti-dumping duty on imports originating from Australia, China, Russia and Thailand. Imports of the investigated good from Iran have been proven to be below the de-minimis limits prescribed; hence, the investigation concerning imports from Iran terminated. Moreover, the Indian authorities did not recommend anti-dumping duty in case of imports from Malaysia as well.
 
This provisional duty was imposed on July 30, 2009 (Notification No. 83/2009-Customs, 30.07.2009). The amount of the duty imposed on imports originating in Australia is USD 0.155 per kilogram, at the exception of the company M/s Continental Carbon Australia Pty Ltd. whose exports are subject to a duty of USD 0.131 per kilogram. The amount of the duty imposed on imports originating in China ranges from USD 0.078 to USD 0.190 per kilogram, depending on the Chinese producer and exporter. The amount of the duty imposed on imports originating in Russia is USD 0.132 per kilogram. The amount of the duty imposed on imports originating in Thailand is USD 0.195 per kilogram, at the exception of the company M/s Thai Tokai Carbon Product Company Ltd. whose exports are subject to a duty of USD 0.114 per kilogram. This provisional duty is effective upto and inclusive of January 29, 2010.
 
On December 24, 2009, the Indian authorities issued their final findings and recommended the imposition of a definitive anti-dumping duty on imports originating from Australia, China, Russia and Thailand.
 
This definitive duty was imposed on January 28, 2010 (Notification No. 6/2010-Customs, 28.01.2010). The amount of the duty imposed on imports originating in Australia is USD 0.330 per kilogram, at the exception of the company M/s Continental Carbon Australia Pty Ltd. whose exports are subject to a duty of USD 0.138 per kilogram. The amount of the duty imposed on imports originating in China ranges from USD 0.089 to USD 0.423 per kilogram, depending on the Chinese producer and exporter. The amount of the duty imposed on imports originating in Russia is USD 0.391 per kilogram, at the exception of the company M/s. Yaroslavskiy Tekhnicheskiy Uglerod whose exports are subject to a duty of USD 0.136 per kilogram. The amount of the duty imposed on imports originating in Thailand is USD 0.186 per kilogram, at the exception of the company M/s Thai Tokai Carbon Product Company Ltd. whose exports are subject to a duty of USD 0.084 per kilogram.
This definitive duty is effective for a period of five years with effect from the date of imposition of the provisional anti-dumping duty, i.e. from July 30, 2009.
 
On August 30, 2011, the Indian authorities initiated a mid-term review of the anti-dumping duty imposed on imports of carbon black from Australia, China, Russia and Thailand. This review follows the application lodged by the Automotive Tyre Manufacturers' Association (ATMA).
 
On February 28, 2013, the Indian authorities issued their final findings of the mid-term review. They recommended the continuation of the existing anti-dumping duty on imports of carbon black from Australia, China, Russia and Thailand.
 
On April 26, 2013, the Indian authorities issued the notification of continuation of the existing anti-dumping duty (Notification No. 9/2013-Customs (ADD), 26.04.2013). The normal amount of the duty is not modified but special amounts for specific companies are abolished. Hence, all Australian companies are now subject to a duty of USD 0.330 per kilogram, all Chinese companies are now subject to a duty of USD 0.423 per kilogram, all Russian companies are now subject to a duty of USD 0.391 per kilogram and all Thai companies are now subject to a duty of USD 0.186 per kilogram. This modified duty will be enforced upto July 29, 2014.
 
On July 15, 2014, the Indian authorities initiated a sunset review of the anti-dumping duty imposed on imports of carbon black from China, Russia and Thailand. The review does not include Australia since there have been no exports of the subject good from Australia during the period of investigation.
This sunset review follows the application lodged by M/s. Phillips Carbon Black Limited and M/s. Hi-Tech Carbon.
 
While initiating the sunset review, the Indian authorities decided on July 23, 2014 to extend upto and inclusive of July 29, 2015 the existing definitive anti-dumping duty imposed on April 26, 2013 by Notification No. 9/2013-Customs (ADD), at the exception of the duty imposed on imports originating in Australia (Notification No. 31/2014-Customs (ADD), 23.07.2014).
 
On July 29th, 2014, the anti-dumping measure expired as far as Australia is concerned since no sunset review was initiated for this country.
 
On October 1st, 2015, the Indian Directorate General of Anti-dumping & Allied Duties, Ministry of Commerce & Industry, issued its final findings of the sunset review. It recommended the continuation of the existing anti-dumping measure for imports originating in China and Russia and the termination concerning imports originating in Thailand due to a negative injury margin determined during the investigation.
 
On November 18th, 2015, the Indian Ministry of Finance issued the Customs Notification of extension of the anti-dumping duty imposed on imports of the above-mentioned goods originating in China and Russia (Notification No. 54/2015-Customs (ADD), 18.11.2015).
The amount of the duty imposed on imports originating in China is USD 494 per metric ton, at the exception of the exporting company Jiangxi Black Cat Carbon Black Co. Ltd whose exports are subject to a duty of USD 397.10 per metric ton (see the notification for the list of producing companies linked to this exporting company). The amount of the duty imposed on imports originating in Russia is USD 36.17 per metric ton. This duty is effective for a period of five years.
Since no extension was decided, the anti-dumping measure as far as Thailand is concerned expired on November 18th, 2015.

AFFECTED COUNTRIES

MAP
TABLE
EXPORT

AFFECTED SECTORS AND PRODUCTS

342 Basic inorganic chemicals n.e.c.
2803 Carbon (carbon blacks and other forms of carbon not elsewhere specified or included).
280300 Carbon (carbon blacks and other forms of carbon not elsewhere specified or included).

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