ISSUING
AUTHORITY:
Ministry of Finance, Department of Revenue
Order
No.:
067/2006-CUSTOMS (T)
Order
Date:
Heading:
Withdraws Anti-dumping duty on vitrified and porcelain tiles
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
(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,
[F.
No. 354/ 214/ 2001 (Part I)-TRU]
-sd/-
(Ajay)
Under Secretary to the Government of
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.