Notification No. 50/2002, Dated 2nd May 2002

2nd May, 2002

Notification No. 50/2002-Customs

            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 heading 69.07 or 69.08 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), the Designated Authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd December, 2001, has come to the conclusion that-

(a)            the subject goods, originating in, or exported from, the People’s Republic of China and United Arab Emirates (UAE) (hereinafter referred to as "the subject countries") have been exported to India below normal value, resulting in dumping;

(b)            the Indian industry has suffered material injury;

(c)            the injury has been caused cumulatively by the imports from the subject countries;

            AND WHEREAS the Designated Authority has considered it necessary to impose anti-dumping duty, provisionally, pending final determination, on all imports of the subject goods, originating in, or exported from, the subject countries;

            AND WHEREAS Special Civil Application No. 11935 of 2001 was filed in the High Court of Gujarat at Ahmedabad challenging the aforesaid findings of the Designated Authority recommending imposition of provisional anti-dumping duty on the subject goods;

            AND WHEREAS the High Court of Gujarat at Ahmedabad, vide order dated the 9th January, 2002, in Special Civil Application No. 11935 of 2001 with Civil Application No. 96 of 2002 and Civil Application No. 148 of 2002, directed the Central Government to consider the representation of the petitioner in accordance with law before issuing the notification of provisional duty and the interveners shall also be given an opportunity to make a representation along with other parties;

            AND WHEREAS the Central Government, after having considered at length the issues raised in the representations of the petitioner and interveners and the comments of the Designated Authority thereon, have come to the conclusion that there is no case for interfering with the aforesaid findings of the Designated Authority;

            NOW, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rules 13 and 20 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 above findings of the Designated Authority, hereby imposes on vitrified or porcelain tiles, other than vitrified industrial tiles, falling under heading 69.07 or 69.08 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the People’s Republic of China or United Arab Emirates (UAE), when exported by any exporter or producer, and imported into India, an anti-dumping duty at the rate which shall be calculated as the difference between US $ 13.62 per square metre and the landed value of such imported subject goods in US $ per square metre.

2.            The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 1st day of November, 2002, and shall be payable in Indian currency.

Explanation - For the purposes of this notification,-

(a)            "landed value" means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;

(b)            rate of exchange applicable for the purposes of calculation of anti-dumping duty shall be the rate which is specified in the notification of the Government of India in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act, and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.

G.D.Lohani
Under Secretary to the Government of India

F.No.354/214/2001-TRU