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
- There is no legal obligation on the Authority or the applicant to maintain the same scope of domestic industry during a sunset review investigation.
- 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.
- 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.
- 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.
- 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.
- Findings issued by another Investigation Authority while not binding on the Indian Authority, can be referred to establish certain facts.
- 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.