Anti-Dumping Regulations

Over the past few days it’s been widely reported that the Directorate General of Trade Remedies (DGTR) has recommended a series of anti-dumping duties - from solar cells imported from China (23–30% for three years) to solar glass from China and Vietnam, soda ash from the US, Russia, Turkey and Iran, and paperboards from China and Chile. Each case reads differently: solar cells protecting energy self-reliance, paperboards shielding packaging units, soda ash stabilising core chemical inputs, yet together they mark a clear pivot in India’s trade posture. A few reflections that stood out: 1.       Strategic Calibration, Not Protectionism These moves don’t signal isolation; they signal precision. DGTR’s findings show a growing sophistication in identifying where unfair pricing genuinely harms domestic capacity, and where calibrated duties can restore balance. 2.       Fair Competition as Industrial Policy For India’s manufacturing and clean-energy ambitions to thrive, trade fairness is as vital as fiscal incentives. Duties of this nature are a signal that India will not compete on distortion, only on competence. 3.       The Confidence of Self-Reliance Atmanirbhar Bharat isn’t about retreating from global trade; it’s about entering it on stronger footing. Anti-dumping duties, when well-reasoned, are less about walls and more about guardrails. 4.       Clear pass through rules The real test is in the execution. Developers, EPC contractors and investors often sign long term contracts. When duties change suddenly, it can wreck project economics. Pass through means setting transparent mechanisms for how such duties are absorbed. Companies will need to look into their cost escalation mechanisms and force majeure triggers. #DGTR #TradePolicy #RenewableEnergy #Manufacturing #AtmanirbharBharat

Import Barriers on Metallurgical Coke Are Quietly Raising the Cost of Steel in India India’s steel ambitions are colliding with a policy contradiction that’s becoming impossible to ignore. While the government protects domestic steelmakers through high safeguard duties, anti-dumping measures, and Quality Control Orders on finished steel, it is simultaneously restricting access to Low Ash Metallurgical Coke (LAM Coke) — a non-substitutable input that accounts for 35–40% of steel production costs. The result? Higher costs, lower competitiveness, and rising pressure across the manufacturing value chain. Why This Matters 🔹 LAM Coke is not optional. India’s domestic coal has 14–15% ash, making imports of low-ash coke essential for efficient blast furnace operations. Without it, productivity falls, fuel consumption rises, and steel quality suffers. 🔹 Yet access is being choked. Since 2023, imports have faced a tightening web of safeguards, quantitative restrictions (QRs), and anti-dumping duties. In 2025, imports were capped at 1.4 million tonnes per half-year, even as demand exceeded 3 million tonnes. 🔹 Costs are rising fast. With LAM Coke accounting for nearly 38% of steelmaking costs, a 20–25% increase in coke prices translates into a 3–5% rise in steel prices—hurting competitiveness at home and abroad. A Policy Flaw That Amplifies the Damage A major concern is the flawed freight benchmarking used in anti-dumping investigations. LAM Coke is shipped as dry bulk, with freight costs of about $20–25/tonne. Yet container freight benchmarks—8–10 times higher—were reportedly used, artificially inflating dumping margins and duties. This distortion pushes steelmakers into a cost trap that has little to do with market reality. Who Pays the Price? • Steel producers face shortages, higher costs and lower productivity • MSMEs in secondary steel, foundries and engineering are hit hardest • Downstream sectors—automobiles, infrastructure, capital goods—absorb the shock • Investment slows as steel becomes more expensive In effect, high input costs become a hidden tax on growth. What Needs to Change As QRs expire in December 2025, India must recalibrate: ✅ Treat metallurgical coke as a strategic industrial input, not a discretionary import ✅ Lift or sharply expand import quotas ✅ Avoid overlapping trade remedies ✅ Recalculate anti-dumping duties using realistic dry-bulk freight benchmarks Protecting domestic producers is legitimate—but protecting inputs is equally critical. In steel, as in growth, inputs matter. When input policy contradicts output ambition, the entire industrial strategy weakens. #SteelIndustry #Manufacturing #TradePolicy #MSMEs #IndustrialGrowth #IndiaManufacturing #MetallurgicalCoke #EaseOfDoingBusiness

Everything you wanted to know about ANTI DUMPING but were afraid to ask! The 2nd in a series on EU Trade measures by Marília Borges and me Here are the key elements of EU anti dumping policy 👇 1️⃣ Dumping must be proven The injured company must provide evidence that dumping is taking place. This requires research, benchmarks, and calculations to determine the normal value of the product. The Commission verifies the data and establishes the dumping margin. 2️⃣ Only Union industry can request an investigation A complaint must be made by or on behalf of the Union industry. In practice, this means the applicants must represent at least 25 percent of total EU production of the product concerned. 3️⃣ Injury or threat of injury must be demonstrated European companies requesting an investigation must show that they are suffering injury or face a real threat of injury. The Commission assesses economic indicators such as market share, import volumes over time, productivity, and profitability. 4️⃣ There must be a causal link It must be shown that the injury is the result of dumping by the exporter in the third country. Injury caused by other factors is not sufficient. 5️⃣ EU public interest is assessed Although not required by WTO rules, the EU examines whether imposing measures would be against the EU public interest. Companies opposing duties may participate and present arguments. 6️⃣ The Commission has several response options If all conditions are met and supported by the Trade Defence Instruments Committee, the Commission may impose ad valorem duties, specific duties, or accept price undertakings from exporters. 7️⃣ Anti dumping cases are highly technical Evidence, calculations, and legal arguments matter. The first phase of a case is fought on a technical level, requiring specialised expertise and solid data. 8️⃣ National capitals matter While the Commission leads the process, national civil servants sit on the Anti Dumping Committee. Engagement at national level is therefore essential. 9️⃣ Politics can matter when things go wrong Anti dumping procedures are orderly and procedural. If a case turns against you, political pressure through parliaments, media, and EU institutions may become necessary.

Anti-Dumping Duties in Malaysia – Application of WTO Principles In a recent Federal Court case, the highest Malaysian Court determined the application of sections 17 and 18 of the Countervailing and Anti-Dumping Duties Act 1993 [Act 504], particularly in relation to the determination of the export price of subject merchandise for the purpose of imposition of anti-dumping duties. The case arose from investigations into import of Turkish steel sold in the Malaysian market Complaint relating to Diler Iron & Steel Turkey Steel Imports Malaysia has been a member of the WTO since January 1, 1995 and is also a signatory to the GATT. The WTO put in the effort to ensure that trading is done fairly and openly by having tariffs and other forms of protection. The kind of protection can be in the form of trade remedies. The WTO through its system of remedies aims to protect domestic  or local industries from unfair trading. . These focused trade remedies which include  anti-dumping, subsidies and countervailing measures and safeguard measures aim to prevent unfair trading within international trade between countries Malaysia have enacted domestic rules  providing for the WTO trade remedies, these govern and mandate  the member countries to follow in the launching, investigation and imposition of anti-dumping, subsidy and countervailing measures and safeguard measures. Under GATT 1947, Article VI, contracting parties recognise that dumping goods on another country at less than normal value of the products in question is to be condemned if it causes or threatens material injury to the established industry in that country. A product is regarded as being dumped if introduced at less than its normal value. It is introduced at less than normal value if its price is: (a)       less than the comparable price in the course of trade, for the like product when destined for consumption in the exporting country, or, (b)      in the absence of such domestic price, is less than either – (i)       The highest comparable price for the like product for export country in the ordinary course of trade, or (ii)      the costs of production of the product in the country of origin reasonable addition for selling cost and profit. #admiralty #arbitration #lawpractice #intltrade #shipping #WTO

An important day for MITI The Dewan Rakyat today passed the Countervailing and Anti-Dumping Duties (Amendment) Bill 2025. The Act has been in force for more than 30 years and was last amended in 1998. It is Malaysia’s principal legislation to safeguard domestic industries against unfair trade practices, particularly imported goods that are dumped or subsidised to the extent that they cause injury to local producers. Since then, the global trade landscape has changed significantly. It must be emphasised that global trade today is far more complex than before, with new challenges that require our laws to be continuously updated. This is the basis for the 2025 amendments, which introduce three key changes: (1) Clarity in the law through refinements to existing definitions and the introduction of new ones in order to close any loopholes in the legislation. (2) More structured investigation processes through the reorganisation of provisions and the introduction of new procedures for administrative reviews. This provides a clearer understanding for industry players of their rights and ensures that Malaysia’s trade remedy mechanisms remain effective and non-overlapping. (3) The introduction of specific anti-circumvention provisions which empower the government to investigate and act against foreign exporters seeking to evade countervailing and anti-dumping duties, for example by rerouting exports through third countries or making minor modifications to products. With these amendments, Malaysia’s law will remain relevant and effective in meeting current challenges in international trade while strengthening protection for domestic industries. #antidumping #traderemedies #MITI

Imagine spending years building a business, only to watch it bleed because someone across the border is willing to sell the same thing at a loss. That’s the quiet reality Indian manufacturers have lived with for years. But not anymore. Last week, India finally said “enough.” The government imposed anti-dumping duties on two key chemicals: 🔹 Vitamin-A Palmitate – found in everyday items like food supplements, skin creams, and medicines 🔹 Insoluble Sulphur – critical for making high-performance tyres Why? Because countries like China, Japan, Switzerland, and the EU were dumping them into India, selling below market rates to corner the supply chain. 💡 What most people don’t realise: This isn’t just about “imported goods becoming more expensive.” It’s about fair play for local businesses. And about India sending a message: "We’ll compete — but not at the cost of our backbone industries". MYTH: Anti-dumping duties hurt Indian manufacturers because prices go up. FACT: Duties protect Indian manufacturers by levelling the field. For example, Vitamin A is used in micro-doses — the price impact is minimal, but the protection is massive. MYTH: India rarely takes such bold trade actions. FACT: This is the new India — confident, assertive, and ready to protect its economic turf using WTO-compliant tools. 📊 Key changes: Duties on Vitamin-A Palmitate: $0.87–$20.87/kg Highest duty: On Chinese exporters (except Shangyu NHU) Insoluble Sulphur: Up to $358/MT on Chinese & Japanese suppliers Animal-feed grade Vitamin A? Exempt If you’re in procurement, the pharmaceutical, food, cosmetics, or tire industries, this decision will affect you. But more importantly, it reveals a bigger truth: 🔁 Global supply chains are being rewritten — and India is no longer just reacting. It’s shaping the rules. 💬 Are you curious about how this might impact your sourcing plans? 📌 Follow Surabhi Kabra for real-world sourcing insights from India ❤️ Or drop a comment if you’ve seen dumping hurt your supply chain firsthand. Let’s talk. Let’s trade smarter.