Product description- Thiram in any form including its technical and formulation form.

HS Code- 38089230.

Countries Involved- European Union.

Applicant- M/s Swarup Chemicals Private Limited.

Period of investigation- 1st January 2023 to 31st December 2023.

Injury analysis period- 2020-2021, 2021-2022, 2022-2023 and the period of investigation.

Margins and recommended duties:

Country	Producer	Dumping Margin (%)	Injury Margin (%)	Duty (USD/MT)
European Union	Any	40-50	25-35%	733 USD/MT

Key Findings –

1. The application was filed by Swarup Chemicals Private Limited and supported by Ambachem Industries and Sudama Chemtech Pvt. Ltd.
2. The scope of the product under consideration is thiram in any form including its technical and formulation form. However, at present, only thiram technical is imported into India.
3. The Authority noted that the technical characteristics of the product are inherent in its technical form. However, the technical form has no separated use without transforming it into formulation form.
4. While the technical form embodies the core technical properties, it is the formulation that delivers the intended functional performance.
5. The Authority also observed that the production of the technical form involves significant technological input whereas converting thiram technical into a formulation primarily involves a simple dilution process using solvents. Therefore, exclusion of formulation form from the PUC undermines the objective of the trade remedy measures.
6. On licensing requirements, the Authority observed that mere requirement of a license does not imply that the product cannot be imported or may not be imported in future.
7. Thiram technical is the essential active ingredient used in the manufacture of thiram formulation. The two are intrinsically linked in the production chain. Without thiram technical, thiram formulation cannot be produced.
8. The demand for the product declined in 2021-2022, further increased in 2022-2023, but declined again in the period of investigation.
9. The imports in relation to production and demand declined in 2021-2022, further declined in 2022-2023, but increased again in the period of investigation. The imports maintain a significant proportion of domestic production and demand.
10. The price undercutting is positive despite the applicant selling the product at losses.
11. The domestic industry was in profit in 2021-2022. However, experienced significant price suppression and depression in 2022-2023 and in the period of investigation.
12. The domestic industry has suffered cash losses and negative return on capital employed shows that the losses suffered are not due to any idle capacity.
13. The growth of the domestic industry in terms of capacity, production, domestic sales volume, PBT, PBIT, cash profits and the return on capital employed has recorded negative growth.
14. Due to underutilization of its current production capacity and ongoing financial losses, the applicant’s ability to raise capital investment has been adversely affected.
15. The Authority concludes that the imposition of anti-dumping duty would not materially affect the cost structure of farming operations and will have minimal effect on downstream users.
16. Given the nature of the product, industry and the extent of the injury caused by dumped imports, the Authority considers the imposition of anti-dumping duty for a period of five 5 years.