DoR Enacts Provisional Anti-Dumping Measures Against Circumvention Involving Malaysian Hydraulic Rock Breaker Imports

Anti-dumping Duty Imposed on Alloy Steel Chisel/Tool and Hydraulic Rock Breaker in Fully Assembled Condition (HRBC) from China and Korea on Complaint by DOZCO (India) Pvt. Ltd

· China – 4.55% to 162.50%

· Korea – 8.16% to 52.77%

[Notification No. 11/2024-Customs (ADD) dated 27 June, 2024]

The Ministry of Finance (Department of Revenue) has issued Notification No. 27/2026-Customs (ADD) ordering that imports of "Alloy Steel Chisel/tool and Hydraulic Rock Breaker in fully assembled condition" exported from Malaysia be subjected to provisional assessment. This intervention responds to an anti-circumvention investigation initiated on September 28, 2026, which uncovered prima facie evidence that anti-dumping duties originally imposed in June 2024 on these goods from China PR and Korea RP are being circumvented through Malaysia.

Key Provisions & Impact

· Broadened Scope: The provisional measures explicitly cover fully assembled subject goods as well as seven critical assemblies, sub-assemblies, and components of hydraulic rock breakers: Front head, Back head, Piston, Cylinder body/hydraulic unit, Bracket, Frame, and Cylinder.

· Guarantee Mandate: Under the provisional assessment, importers must furnish a guarantee deemed fit by the proper customs officer to secure potential anti-dumping duties that may become payable following the final investigation outcome.

· Prior Duties Safeguarded: The existing anti-dumping duty active under Notification No. 11/2024-Customs (ADD) remains unaffected and will continue to be levied and collected concurrently where applicable.

If you need to analyze specific details further, tell me if you would like to look at:

· The exact technical definitions of the seven sub-assemblies listed in the explanation

· The guarantee percentages applied to these specific items from the related customs instructions

· The underlying legal sections of the Customs Tariff Act invoked for this order

[Notification No. 27/2006-Customs (ADD) dated 5 November, 2026]

Seeks to provide for provisional assessment of imports of 'Alloy Steel Chisel/tool and Hydraulic Rock Breaker in fully assembled condition', including specified assemblies/sub-assemblies/components of Hydraulic Rock Breakers, exported from Malaysia, pursuant to initiation of an anti-circumvention investigation

G.S.R. …(E). - Whereas, in the matter of import of Alloy Steel Chisel/tool and Hydraulic Rock Breaker in fully assembled condition (hereinafter referred to as the subject goods), originating in or exported from China PR and Korea RP, the designated authority, vide its final findings notification F. No. 6/8/2022-DGTR, dated the 28th March, 2024, had recommended imposition of anti-dumping duty on imports of the subject goods;

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 11/2024-Customs (ADD), dated the 27th June, 2024, published vide number G.S.R. 349(E) in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 27th June, 2024;

And whereas, the designated authority, vide initiation notification F. No. 07/20/2026-DGTR, dated the 28th September, 2026, published in the Gazette of India, Extraordinary, Part I, Section 1, has initiated an anti-circumvention investigation under section 9A(1A) of the Customs Tariff Act, 1975 (51 of 1975) read with rules 25 and 26 of the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as the said rules), concerning alleged circumvention of the anti-dumping duty imposed on import of the subject goods by imports of the product under investigation exported from Malaysia;

And whereas, the designated authority has observed prima facie evidence of country-based circumvention through Malaysia and has recommended provisional assessment of imports of the product under investigation exported from Malaysia and obtaining an appropriate guarantee from the importers in accordance with sub-rule (4A) of rule 26 of the said rules;

Now, therefore, in exercise of the powers conferred by sub-section (1A) of section 9A of the Customs Tariff Act, 1975, read with sub-rule (4A) of rule 26 of the said rules, the Central Government, after considering the aforesaid recommendation of the designated authority, hereby orders that, pending the outcome of the said anti-circumvention investigation, imports into India of the product under investigation, namely Alloy Steel Chisel/tool and Hydraulic Rock Breaker in fully assembled condition, including the seven assemblies/sub-assemblies/components of hydraulic rock breakers as listed in the Explanation below, exported from Malaysia, shall be subjected to provisional assessment till a decision under sub-rule (3) of rule 27 of the said rules is taken by the Central Government.

2. The provisional assessment shall be subject to furnishing such guarantee as the proper officer of customs deems fit, for payment of the anti-dumping duty, if any, that may become payable consequent upon the recommendations of the designated authority and the decision of the Central Government under sub-rule (3) of rule 27 of the said rules.

“Explanation. - For the purposes of this notification, the seven assemblies/sub- assemblies/components of hydraulic rock breakers referred to above are the following, namely: -

(a) Front head,

(b) Back head,

(d) Cylinder body or hydraulic unit (Hydraulic body consists of front head, back head, cylinder and piston),

(e) Bracket,

(f) Frame,

(g) Cylinder for hydraulic rock breaker,

as mentioned in Table D1 of notification No. 11/2024-Customs (ADD), dated the 27th June, 2024.”

Note: It is clarified that the anti-dumping duty imposed vide notification No. 11/2024-Customs (ADD), dated the 27th June, 2024, published vide number G.S.R. 349(E), in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 27th June, 2024, wherever applicable, shall continue to be levied and collected in accordance with the provisions of the said notification.

[F. No. CBIC-190354/160/2023-TO(TRU-I)]