Final Findings issued recommending continuation of anti-dumping duty on imports of Hydrogen Peroxide from Bangladesh and Thailand (11.03.2022)

Product description – Hydrogen peroxide of concentration below 90%.  

Exclusion from product scope – Food grade, electronic grade and technical grade of concentration 90% and above.

HS Codes – 24870000.

Uses – Hydrogen peroxide is a powerful bleaching agent which is used as a disinfectant, in rocketry as a monopropellant, in bipropellant systems, in odour control, in corrosion control, in inorganic and organic oxidation, in toxicity reduction/ biodegradability improvement, in disinfection/bio-control, in paper and pulp bleaching, in manufacture of peroxides and epoxides and for therapeutic uses as an antiseptic and antibacterial agent.

Countries involved – Bangladesh and Thailand.  

Applicant – National Peroxide Limited.

Date of imposition of duty The duties against the subject imports were levied vide Notification No. 28/2017-Customs (ADD), dated 14th June 2017. The present duties are applicable till 13th June 2022.

Date of Initiation – 13th September 2021.

Period of Investigation – 1st April 2020 to 31st March 2021.

Injury Period – 2017-18, 2018-19, 2019-20 and the period of investigation.

Margins and proposed duty –

Country Producers Dumping Margin (Range) Injury Margin (Range) Proposed Duty (US $/ MT)
Bangladesh Samuda Chemical Complex Limited 0-10 (15-5) 46.90
Tasnim Chemical Complex Limited 0-10 (15-5) 27.81
Any other producer 10-20 (10-0) 105.82
Thailand Thai Peroxide Co. Limited 0-10 (30-20) 31.59
Any other producer 60-70 (25-15) 78

Key Findings ­

  1. There is no legal obligation on the Authority or the applicant to maintain the same scope of domestic industry during a sunset review investigation.
  2. Support letter filed by supporting producers are not relevant criteria for defining domestic industry under Rule 2(b) or deciding a review under Rule 23.
  3. The Authority is required to examine the performance of the defined domestic industry and the performance of the other domestic producers is irrelevant as per the Anti-dumping Rules and WTO panel report.
  4. The Authority will examine the likelihood of dumping and injury based on the facts available before it in absence of information provided by any interested party.
  5. Determination of negative injury margin is irrelevant to decide whether there is likelihood of injury. Degree by which the injury margin is negative is also immaterial for likelihood analysis.
  6. Findings issued by another Investigation Authority while not binding on the Indian Authority, can be referred to establish certain facts.
  7. Likelihood of continuation of dumping and injury to the domestic industry was evident from continued dumping, third-country dumping, increase in imports in intervening despite duties, significant exportable capacities with foreign producers, deliberate price discrimination and India’s prominence as export market.