Whereas in the matter of imports of vitrified and porcelain tiles, other than vitrified industrial tiles (hereinafter referred to as the ‘subject goods’), falling under headings 6907 or 6908 or 6914 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from the People’s Republic of China (China PR) and United Arab Emirates (UAE) [hereinafter referred to as the subject countries] and imported into India, the designated authority in its sunset review final findings No.15/17/2006-DGAD, dated 21st April, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 23rd April, 2008, had inter alia come to the conclusion that-

(i) there was no dumping taking place from UAE;

(ii) the subject goods were likely to enter Indian market at dumped prices from China PR, should the present measures be withdrawn;

(iii) in spite of the anti-dumping measures in place, there existed significant current injury to the domestic industry. There was also no evidence on record to suggest that dumping or the injury to the domestic industry would cease to exist or was not likely to recur in case the anti-dumping duties were discontinued; and had considered it necessary to recommend continued imposition of the anti-dumping duty on the subject goods originating in, or exported from, China PR in order to remove injury to the domestic industry;

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.82/2008-Customs, dated the 27th June, 2008, published in Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 485(E) of the same date;

And whereas, M/s Foshan Lihua Ceramics Co. Ltd., China PR (producer), M/s Foshan Henry Trading Company, China PR (exporter) through M/s Anjaneya Trading PTE Ltd., Singapore (exporter) have requested for review in terms of rule 22 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 in respect of exports made by them, and the designated authority vide new shipper review notification No.15/23/2008-DGAD, dated the 11th November, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 11th November, 2008, had recommended provisional assessment of all exports of the subject goods made by the said M/s Foshan Lihua Ceramics Co. Ltd., China PR (producer), M/s Foshan Henry Trading Company, China PR (exporter) through M/s Anjaneya Trading PTE Ltd., Singapore (exporter) till the completion of the new shipper review;

Now, therefore, in exercise of the powers conferred by sub-rule (2) of rule 22 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury), Rules, 1995, the Central Government, after considering the aforesaid recommendation of the designated authority, hereby orders that pending the outcome of the said new shipper review by the designated authority, vitrified and porcelain tiles, other than vitrified industrial tiles, falling under headings 6907 or 6908 or 6914 of the First Schedule to the said Customs Tariff Act, produced by M/s Foshan Lihua Ceramics Co. Ltd., China PR and exported by M/s Foshan Henry Trading Company, China PR through M/s Anjaneya Trading PTE Ltd., Singapore, when imported into India, shall be subjected to provisional assessment till the new shipper review is completed.

2. The provisional assessment may be subject to such security or guarantee as the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, deems fit for payment of the deficiency, if any, in case a definitive anti-dumping duty is imposed retrospectively on completion of investigation by the designated authority.

3. If the designated authority recommends anti-dumping duty after completion of the said new shipper review, the importer shall be liable to pay the amount of such anti-dumping duty imposed on all imports into India of the subject goods from M/s Foshan Lihua Ceramics Co. Ltd., China PR (producer) and M/s Foshan Henry Trading Company, China PR (exporter) through M/s Anjaneya Trading PTE Ltd, Singapore (exporter), from the date of initiation of the said new shipper review.

F.No.354/214/2001-TRU (Pt.III)

Sd/-
(Unmesh Wagh)
Under Secretary to the Government of India

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