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 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 (U.A.E.) (hereinafter referred to as “the subject countries”), and imported into India, the designated authority vide its final findings No. 37/1/2001-DGAD, dated the 4th February, 2003, 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 definitive anti-dumping duty, on all imports of vitrified and porcelain tiles from the subject countries in order to remove the injury to the domestic industry;

And whereas on the basis of the aforesaid final findings of the designated authority, the Central Government had imposed final anti-dumping duty 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 [G.S.R. 376(E), dated the 1st May, 2003];

And whereas on the basis of a request made by M/s Southern Building Materials and Sanitary Co. Ltd., Qingyan City, People’s Republic of China, producer with M/s New Zhong Yuan Ceramics Import & Export Co. Ltd., Guangdong, People’s Republic of China as exporter 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, the designated authority, vide new shipper review notification No. 15/15/2004-DGAD dated 25th August 2004, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25th August 2004, had recommended provisional assessment of all exports of the subject goods made by the said M/s Southern Building Materials and Sanitary Co. Ltd., Qingyan City, People’s Republic of China, producer with M/s New Zhong Yuan Ceramics Import & Export Co. Ltd., Guangdong, People’s Republic of China as exporter, till the completion of the review by the designated authority;

And whereas on the basis of aforesaid recommendation of the designated authority, the Central Government had ordered, vide notification No. 102/2004-Customs dated 30th September 2004, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 30th September 2004 [G.S.R. 650(E), dated the 30th September 2004] that, pending the outcome of the said review by the designated authority, the subject goods, produced by M/s Southern Building Materials and Sanitary Co. Ltd., Qingyan City, People’s Republic of China, and exported by M/s New Zhong Yuan Ceramics Import & Export Co. Ltd., Guangdong, People’s Republic of China when imported into India, shall be subjected to provisional assessment till the review is completed;

And whereas the designated authority, vide its final findings, No. 15/15/2004-DGAD, dated the 29th December, 2005, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 30th December, 2005, has come to the conclusion that export price of vitrified and porcelain tiles exported to India produced by M/s Southern Building Materials and Sanitary Co. Ltd., Qingyan City, People’s Republic of China and exported by M/s New Zhong Yuan Ceramics Import & Export Co. Ltd., Guangdong, People’s Republic of China is above its normal value during the period of investigation and recommended that no anti dumping duty be imposed on the subject goods produced by M/s Southern Building Materials and Sanitary Co. Ltd., Qingyan City, People’s Republic of China and exported by M/s New Zhong Yuan Ceramics Import & Export Co. Ltd., Guangdong, People’s Republic of China.

Now, therefore, in exercise of the powers conferred by sub-section (1) read with 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 of the designated authority, hereby makes the following further amendments in the notification No. 73/2003-Customs, dated the 1st May, 2003, published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i) vide number G.S.R. 376(E), dated the 1st May, 2003, namely:-

In the said notification, after the first proviso and before the Explanation, the following proviso shall be inserted, namely:-

“Provided further that no anti-dumping duty shall be imposed on the imports into India of subject goods falling under chapter 69 of the First Schedule to the said Customs tariff Act, produced by M/s Southern Building Materials and Sanitary Co. Ltd., Qingyan City, People’s Republic of China and exported by M/s New Zhong Yuan Ceramics Import & Export Co. Ltd., Guangdong, People’s Republic of China.”.

2. The amendments under this notification shall be effective from the date of issue of the notification ordering provisional assessment, that is, the 30th September 2004.

[F. No. 354/ 214/ 2001 (Part I)-TRU]

(Ajay)
Under Secretary to the Government of India

Note .- The principal notification No. 73/2003-Customs, dated the 1st May, 2003, was published in the Gazette of India vide number G.S.R. 376(E), dated the 1st May, 2003 and last amended vide notification No. 80/2004-Customs dated the 28th July 2004, published vide number G.S.R.484 (E), dated the 28th July, 2004.