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2025/10/13
On September 22, 2025, the Indian titanium dioxide (TiO2) market received a significant update when the Calcutta High Court overturned the government's decision to impose anti-dumping duties on titanium dioxide imports from China. The case was brought by the Indian Paints Association, which represents nearly 90% of the country's coatings industry. They argued that many of the titanium dioxide grades under investigation, particularly rutile sulfate and certain high-performance types, are not produced in India. They argued that imposing duties on these grades would only increase manufacturers' costs without protecting domestic producers. The Directorate General of Trade Remedies (DGTR) had earlier conducted an investigation and issued its final findings on February 12, 2025, recommending the imposition of anti-dumping duties. The government subsequently issued a notification imposing the duties on May 10, 2025. However, the court found serious procedural lapses: confidential information was admitted without a proper non-confidential summary, depriving interested parties of an opportunity to respond fairly. The court stated that this violated natural justice and the provisions of Indian tariff law. Therefore, the High Court quashed the DGTR's findings and the government's tariff notification and remanded the case back to the DGTR for reexamination, starting from the stage where the paint associations had filed their objections. This means that the anti-dumping duties are no longer in effect, although the DGTR may reinvestigate and make a new decision. For Indian customers, this ruling provides temporary cost relief. The temporary lifting of import duties on titanium dioxide ensures greater price stability and supply availability. Furthermore, some Indian customers, aware that India only produces 40,000 tons of titanium dioxide annually while they import 300,000 tons, question the rationale for the tariff increase. Meanwhile, uncertainty remains as the Directorate General of Trade Remedies (DGTR) may reopen its investigation. The following are the most significant findings from the Calcutta High Court's order issued on September 22, 2025:
1. Procedural lapses by the Directorate General of Trade Remedies (DGTR) - The Court ruled that the DGTR failed to provide a proper, non-confidential summary of confidential information relied upon. This prevented stakeholders, including the Indian Paint Association, from meaningfully examining the evidence. This was considered a violation of natural justice and anti-dumping rules. 2. Annulment of the DGTR's Final Finding – The Court quashed (annulled) the DGTR's final finding of February 12, 2025, on titanium dioxide imports from China.
3. Annulment of the Government Tariff Notice – The Court also overturned the anti-dumping duty notice of May 10, 2025, which had imposed duties on titanium dioxide from China.
4. Case Remanded to the DGTR – The matter has been remanded to the DGTR for reconsideration, beginning with the response stage of the applicant (the Indian Coatings Association). The DGTR must appropriately re-examine the issues in accordance with the disclosure requirements.
5. Interim Relief for Importers – The anti-dumping duty will not apply until the DGTR completes a new investigation and issues new findings. This provides short-term cost relief for titanium dioxide users in India.
6. Future Uncertainty Remains – Although the duties have been lifted for now, the DGTR can reopen and continue its investigation, meaning that duties could be re-imposed at a later date depending on the new findings.
Key words:
India,Anti-dumping,Titanium Dioxide