Notification No.94/2008-Customs
dated 01.08.2008
Anti dumping duty on vitrified and
porcelain tiles, other than vitrified industrial tiles (6907 or 6908 or 6914)
G.S.R. (E).- Whereas in the matter of import 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
United Arab Emirates and People’s Republic of China (hereinafter referred to as
China PR) and imported into India, the designated authority in its sunset review
final findings vide notification No. 15/17/2006-DGAD, dated the 21st April,
2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated
the 23rd April, 2008, as amended, had come to the conclusion that -
(i) there was no dumping taking place from United Arab Emirates;
(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China PR, should the present measures be withdrawn;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 antidumping measures in place, there existed significant
current injury to the domestic industry and 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 continue 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 the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide number G.S.R.485(E), dated the 27th June, 2008; And whereas
in the aforesaid sunset review final findings, the designated authority, on the
basis of its new shipper review final findings vide notification
No.15/23/2006-DGAD, dated the 14th February, 2008, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 21st May, 2008 which held
that the dumping margin of the vitrified porcelain tiles manufactured by M/s
Foshan Nanhai Jing Yu Ceramics Ltd. Foshan China (also known as Bioma Ceramics),
People’s Republic of China and exported by M/s Shye International, Hong Kong was
found to be de minimis and recommended that no anti-dumping duty be imposed on
imports of said vitrified or porcelain tiles produced by M/s Foshan Nanhai Jing
Yu Ceramics Ltd. Foshan China (also known as Bioma Ceramics), People’s Republic
of China and exported by M/s Shye International, Hong Kong, and considering that
the combination of M/s Foshan Nanhai Jing Yu Ceramics Ltd. Foshan China (also
known as Bioma Ceramics), People’s Republic of China and M/s Shye International,
Hong Kong had not made sales to India during the period of investigation of the
sunset review investigation but had exported subject goods to India in post
period of investigation period, had held the aforesaid combination as a
cooperating exporter;
Now, therefore, in exercise of the powers conferred by sub-section (1) and
sub-section (5) of section 9A of the said Customs Tariff Act, read with rules
18, 20 and 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, on the basis of the aforesaid final findings,
hereby makes the following amendment in the 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 the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i) vide number G.S.R. 485(E), dated the 27th
June, 2008, namely :-
In the said notification, after the opening paragraph, the following proviso
shall be inserted, namely: -
“Provided that no anti-dumping duty shall be imposed on the imports into India
of the subject goods produced by M/s Foshan Nanhai Jing Yu Ceramics Ltd. Foshan
China (also known as Bioma Ceramics), People’s Republic of China and exported by
M/s Shye International, Hong Kong.”
2. This notification shall be effective from the date of issue of the sunset
review notification No.82/2008-Customs, that is, the 27th June, 2008.
[F. No. 354/214/2001-TRU(Pt.III)]
(G. G. Pai)
Under Secretary to the Government of India
Note. - The principal notification No. 82/2008-Customs, dated
the 27th June, 2008, was published in the Gazette of India, Extraordinary, Part
II, Section 3, Sub-section (i) vide number G.S.R. 485(E), dated the 27th June,
2008.
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