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Customs Notification No-39/2007 dated 09.03.2007
Anti dumping duty on vitrified and porcelain tiles – provisional assessment
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 chapter 69 of the First Schedule to the Customs Tariff Act, 1975
(51 of 1975), originating in, or exported from, the People's Republic of China
and United Arab Emirates (UAE) (hereinafter referred to as 'the subject
countries') and imported into India, the designated authority vide its final
findings, published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 5th February, 2003, had come to the conclusion that-
(a) the subject goods have been exported to India from the subject countries
below its normal value resulting in dumping;
(b) the Indian industry had suffered material injury;
(c) the injury had been caused cumulatively by the imports from the subject
countries;
and had considered it necessary to impose anti-dumping duty on all imports of
the subject goods from the subject countries in order to remove the 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.73/2003-Customs, dated the 1st May, 2003, published
in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary,
dated the 1st May, 2003 vide number G.S.R. 376(E), dated the 1st May, 2003;
And whereas, M/s. Foshan Nanhai Jingyu Ceramics Company Ltd., known as Bioama
Ceramics, People's Republic of China, producer with M/s. Shye International
Ltd., Hong Kong as 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.15/23/2007-DGAD, dated the 25th January, 2007, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 25th January,
2007, has recommended provisional assessment of all exports of the subject goods
made by the said M/s. Foshan Nanhai Jingyu Ceramics Company Ltd., known as
Bioama Ceramics, the People's Republic of China, producer with M/s. Shye
International Ltd., Hong Kong as exporter till the completion of the review by
it;
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 review
by the designated authority, vitrified and porcelain tiles, other than vitrified
industrial tiles, falling under Chapter 69 of the First Schedule to the said
Customs Tariff Act, produced by M/s. Foshan Nanhai Jingyu Ceramics Company Ltd.,
known as Bioama Ceramics, the People's Republic of China, with M/s. Shye
International Ltd., Hong Kong as exporter, when imported into India, shall be
subjected to provisional assessment till the 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. In case of recommendation of anti-dumping duty after completion of the said
review by the designated authority, the importer shall be liable to pay the
amount of such anti-dumping duty recommended on review and imposed on all
imports into India of the subject goods from M/s. Foshan Nanhai Jingyu Ceramics
Company Ltd., known as Bioama Ceramics, the People's Republic of China, producer
with Shye International Ltd., Hong Kong as exporter, from the date of initiation
of the said review.
F.No.354/214/2001-TRU
(S. Bajaj)
Under Secretary to the Government of India