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Two Orders, One Spice: The Oleoresin Paprika AD+CVD Stack on India

On October 8, 2026, Commerce published twin final orders on a single flavor ingredient: antidumping duty order A-533-938 and countervailing duty order C-533-939 on oleoresin paprika from India (Federal Register document 2026-20690, citation 91 FR 64344). It is the newest member of a small club: our trade-remedy ledger holds 211 published actions across 108 distinct products, and only 30 product-country pairs — spanning 27 products — carry both an AD and a CVD program against the same country. If you buy paprika extract, colorant blends, or anything whose red hue comes from Capsicum, this article walks through what changed, what it costs, and where the paperwork traps sit.

What Commerce issued, in one paragraph

Both orders rest on affirmative final determinations by Commerce and an affirmative injury finding by the International Trade Commission (ITC). The antidumping order charges estimated weighted-average dumping margins; the countervailing order charges estimated subsidy rates. Each becomes a cash-deposit requirement collected by CBP at entry, alongside — not instead of — the normal customs duty your HTS line already carries. Suspension of liquidation resumes on the publication date of the ITC's final injury determination, and deposits are due "at the same time as importers would normally deposit estimated customs duties."

The rate tables: a 21.90% subsidy deposit beside a zeroed-out dumping deposit

Source: Federal Register Doc. 2026-20690, rate tables as published (October 8, 2026).

The counter-intuitive part is the right-hand column. Every dumping margin nets out to 0.00 percent once Commerce applies the relevant export-subsidy offsets — meaning the antidumping leg exists, has a published margin table, and currently demands no cash at the border. The economically live layer is the CVD order's 21.90 percent all-others rate. Buyers who read only headlines about "dumping duties on Indian paprika" are looking at the wrong half of the stack.

Where the scope line falls: ASTA 500, CU 20,000 and five subheadings

The appendix defines subject merchandise chemically, not commercially: oleoresin paprika, a viscous, highly colored liquid in shades of red or orange made from the extract of Capsicum peppers, qualifies when it carries an ASTA value of at least 500 or a color-unit (CU) value of at least 20,000 by spectrophotometric measurement. The scope lists CAS Registry numbers 68917-78-2 and 84625-29-6, FEMA number 2834, E-number E160c, and explicitly covers crude or unstandardized material, oil- or water-blended forms, and third-country blending. Commingled products are covered too — but only the subject component.

Commerce names HTSUS subheadings 3203.00.80.00 and 3301.90.10.10 as the standard classifications, with 1301.90.91.90, 1302.19.91.40 and 3205.00.05.00 also possible — while warning that "the written description of the scope of these orders is dispositive." Here is how those lines price out in the current schedule:

Source: USITC Harmonized Tariff Schedule export (retrieved October 9, 2026); subject/non-subject split per the order appendix.

The two remaining cited subheadings illustrate why the written description controls: in the current schedule 1301.90.91.90 ("Other", lac/gums family) prices Free in both columns, and no statistical suffix .40 exists under 1302.19.91 — the sibling lines (.20 cashew nut shell liquid, .45 certified organic, .55 other) are all Free/Free — so an entry filed on the order's cited code 1302.19.91.40 needs the scope text, not the subheading, to prove coverage.

Note the contrast row: dried paprika spice (0904.22.20.00) stays outside the orders entirely. The same plant, one processing step apart, sits on opposite sides of the scope line — which is why classification discipline beats percentage guesses when these orders are involved.

What the stack does to landed cost: a $50,000 order worked through

Take a $50,000 consignment of paprika oleoresin entered under 3301.90.10.10 at the all-others rate:

• Base customs duty: 3.8% × $50,000 = $1,900.00
• CVD cash deposit (all-others 21.90%): $10,950.00
• AD cash deposit (0.00% after offsets): $0.00
• Combined duty-plus-deposit burden: $12,850.00, an effective 25.7% of invoice value — before MPF/HMF entry fees, freight or insurance.

That is a 6.8× jump from the 3.8% headline rate the tariff schedule advertises. And the ratio is not fixed: at annual administrative review, company-specific rates move, and an importer who cannot show its supplier's rate pays the all-others number. Model the stack yourself in our landed-cost duty calculator, screen the product against active measures with the AD/CVD screen tool, or see how such layers interact with base rates in stacked tariffs: how Chapter 99 add-ons turn a 5.7% duty into 105.7%.

Critical circumstances and the November 8, 2025 retroactivity window

Two timing rules inside the notice deserve attention. First, Commerce found critical circumstances for Synthite in the CVD case — massive imports in a short period — which normally allows duties to reach 90 days of pre-order entries. Second, the ITC did not concur on injury timing, so Commerce instructed CBP to lift the suspension of liquidation and refund all cash deposits for Synthite's entries "entered, or withdrawn from warehouse, for consumption on or after November 8, 2025 (i.e., 90 days prior to the date of publication of the affirmative preliminary determination)." The practical lesson survives the refund: a critical-circumstances finding can pull roughly three months of already-landed shipments into the net, and the refund here came from the ITC disagreeing, not from the rule being gentle.

Five checks before your next spice shipment

1. Confirm the extract's specs against the scope test — ASTA ≥ 500 or CU ≥ 20,000 pulls the liquid into the orders regardless of blend, solvent or additives.
2. Check which producer's rate applies. Shipments from listed exporters take their company rate; everyone else takes 21.90% CVD. Your supplier's name on the entry matters.
3. Verify the classification claim. 3301.90.10.10 and 3203.00.80.00 differ by 0.7 points of base duty and different Column 2 exposure; 3205.00.05.00 blends are Free but face a 72% Column 2 wall if preferences ever lapse.
4. Price the deposit into working capital. Cash deposits are paid at entry on every shipment while the order runs — recoverable only after liquidation or review.
5. Watch the annual review calendar. Company rates reset; the all-others rate can rise above 21.90% if reviewed firms' subsidies worsen. Our AD/CVD duty lookup guide explains how to track a case file, and MPF and HMF entry fees cover the fee layer that always rides along. To get alerted when a case file moves, create a free monitoring account.

Frequently asked questions

Do antidumping and countervailing duties stack on the same shipment?

Yes. They are separate remedies under separate statutes and are charged on top of each other and on top of normal customs duty. In our ledger of 211 published trade-remedy actions, 30 product-country pairs carry both an AD and a CVD program, and oleoresin paprika from India joined that list on October 8, 2026.

What is the current cash-deposit rate for oleoresin paprika from India?

For the countervailing duty order: 18.67 percent for Mane Kancor Ingredients Private Limited, 25.42 percent for Synthite Industries Pvt. Ltd, and 21.90 percent for all others, effective October 8, 2026. For the antidumping order the weighted-average margins are 5.78, 4.24 and 5.08 percent, but after export-subsidy offsets the required cash deposits are 0.00 percent for every exporter, so today the live stack is base duty plus CVD only.

Does the order cover dried paprika spice or only the extract?

Only the coloring additive oleoresin paprika: a viscous, highly colored liquid extract of Capsicum peppers with an ASTA value of at least 500 or a color unit value of at least 20,000. Dried paprika spice such as HTS 0904.22.20.00 is not subject merchandise. Commerce named HTSUS subheadings 3203.00.80.00 and 3301.90.10.10 as the primary classifications, with 1301.90.91.90, 1302.19.91.40 and 3205.00.05.00 also possible, and stated that the written scope description controls over any subheading.

Can the new duties reach shipments that already arrived?

Potentially yes. Commerce found critical circumstances for Synthite in the CVD case, which normally reaches back 90 days before the affirmative preliminary determination. Because the ITC disagreed on injury timing, CBP was instructed to lift the suspension and refund those deposits for entries on or after November 8, 2025 rather than charge them, but the episode shows how far back a critical-circumstances finding can bite: about three months of prior entries.

How long will these orders stay in force?

Indefinitely. An AD or CVD order remains until Commerce and the ITC complete a sunset review and revoke it, and administrative reviews reset company-specific rates every year. Importers should treat the 21.90 percent all-others CVD deposit as a recurring cost of sourcing paprika extract from India and re-verify their supplier's rate after each annual review.

Sources and methodology

• Federal Register, Doc. 2026-20690, "Oleoresin Paprika From India: Antidumping Duty Order and Countervailing Duty Order," 91 FR 64344 (October 8, 2026) — rate tables, scope appendix, provisional-measures and critical-circumstances sections quoted or transcribed verbatim.
• ExportSonar trade-remedy ledger data/adcv_cases.json (211 action rows, Federal Register pipeline, snapshot 2026-10-11) — product/country census and the double-program count.
• ExportSonar HTS library data/hts.json (23,193 ten-digit lines, USITC REST export retrieved 2026-10-09) — every rate in the subheading table read from the matching record at generation time.
• Case numbers A-533-938 (AD) and C-533-939 (CVD), Commerce AD/CVD Operations, Office III.

Methodology: every numeric assertion on this page is re-derived from the datasets above by the page generator at build time; if a dataset drifts, the build fails rather than shipping stale numbers. Worked-example arithmetic: $50,000 × 3.8% = $1,900.00; $50,000 × 21.90% = $10,950.00; total $12,850.00 = 25.7% of invoice value.

Verify your own line

Run the same stack math on your product in seconds with the free landed-cost calculator, or browse every measure touching your HS chapter in the trade-remedy actions by HS chapter map.