India to defend import curbs on copper in legal battle with trade groups

The Indian government is expected to argue that there is sufficient domestic supply of copper cathodes, and an adequate number of suppliers, as it prepares a response to a case on import curbs filed by two trade associations, two sources said.

India, the world's second-largest importer of refined copper, relies on imports to address shortfalls and meet robust demand in sectors such as energy, defence, automotives and infrastructure. Copper is among the 30 critical minerals identified by India in 2023.

But the government imposed quality control measures on copper cathode imports in December, requiring all suppliers, foreign and domestic, to obtain certification from Indian authorities.

The Bombay Metal Exchange and the Bombay Non-Ferrous Metals Association have submitted a petition, reviewed by Reuters, to the Bombay High Court claiming that the government action could lead to a monopoly dominated by three domestic suppliers, without naming them.

"Where are the shortages?" one of the sources, familiar with government thinking, told Reuters. "The only evidence they (trade bodies) have is that in December and January imports had reduced, which is old data."

The source said that companies had imported large quantities of copper in October and November, which then led to lower imports in the following months.

"We will fight the case, their case does not hold," the source said, declining to be identified as the government has not filed a formal response yet. Another source confirmed the government would defend its position.

The Bombay Metal Exchange was "compelled to seek judicial intervention" as the government did not defer the implementation of the quality control orders, President Sandeep Jain said in a statement.

"Given that India relies on imports for approximately 40% of its copper supply, this non-tariff barrier has inevitably led to supply shortages," Jain said, adding that during April to February the copper imports shortfall was 100,000 metric tons compared to the same period last year.

India's mines ministry did not respond to request for comment.

Demand Surge

Copper demand is expected to double by 2030 as India aims to meet the needs of its industries and the energy transition. Domestic companies in the copper industry include Hindalco Industries, Vedanta, Adani, and the state-owned Hindustan Copper.

India's refined copper production is estimated at around 555,000 tons per year, and New Delhi imports around 500,000 tons of copper a year to meet the shortfall. Imports have surged since the 2018 closure of Vedanta's domestic Sterlite Copper smelter

But in December, the government said that the ramp-up of Adani Enterprises' smelter would fulfil India's domestic requirement and cut down imports. It is expected to become operational over the next four weeks.

Japan accounts for about two-thirds of India's refined copper imports, followed by Tanzania and Mozambique.

There are currently 10 certified foreign copper suppliers, both sources said, seven of which are Japanese, and five more domestic certified suppliers.