Notification No. 110/2007, Dated 26th Oct 2007

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No. 110/2007 - Customs

New Delhi, the 26^th October, 2007

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 (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 4^th 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 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 the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), 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. Guangdong Newpearl Ceramics Group Co. Ltd., People’s Republic of China, producer, along with M/s. Foshan Newpearl Trade Co. Ltd., People’s Republic of China, 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 of the subject goods made by them, the designated authority, vide new shipper review notification No. 15/3/2005-DGAD dated the 25th August, 2005 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25th August 2005, had recommended provisional assessment of all exports of the subject goods made by the said M/s. Guangdong Newpearl Ceramics Group Co. Ltd., People’s Republic of China and exported by M/s. Foshan Newpearl Trade Co. Ltd., People’s Republic of China, till the completion of the review by the designated authority;

And whereas, on the basis of the aforesaid recommendation of the designated authority, the Central Government had ordered, vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 96/2005-CUSTOMS, dated the 16th November, 2005 which was published in Part II, Section 3, Sub-Section (i) of the Gazette of India, Extraordinary, dated the 16th November, 2005 [G.S.R.665 (E), dated the 16th November, 2005] that, pending the outcome of the said review by the designated authority, the subject goods, produced by M/s. Guangdong Newpearl Ceramics Group Co. Ltd., People’s Republic of China and exported by M/s. Foshan Newpearl Trade Co. Ltd., 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.15/3/2005-DGAD, dated the 3rd October, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5th October, 2007, has come to the following conclusions-

(a) the export price of vitrified and porcelain tiles exported to India by M/s Foshan Newpearl Trade Co. Ltd., People’s Republic of China and produced by two related companies i.e. M/s Foshan Shanshui Huiwanjia Ceramic Company Limited and M/s Foshan Summit Ceramic Co. Limited, of M/s Guangdong Newpearl Ceramic Group Company Ltd., People’s Republic of China, is more than its normal value;

(b) the exports have not been made at dumping prices and the dumping margin determined is negative;

and has recommended that no anti dumping duty be imposed on imports of vitrified and porcelain tiles falling under Chapter 69 of the said Customs Tariff Act, produced by M/s Foshan Shanshui Huiwanjia Ceramic Company Limited and M/s Foshan Summit Ceramic Co. Limited, related companies of M/s Guangdong Newpearl Ceramic Group Company Limited and exported by M/s Foshan Newpearl Trade Co. Ltd., Foshan, 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, 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 third proviso and before the Explanation, the following proviso shall be inserted, namely: -

“Provided also that no anti-dumping duty shall be imposed on the imports into India of the subject goods falling under Chapter 69 of the First Schedule to the said Customs Tariff Act, produced by M/s Foshan Shanshui Huiwanjia Ceramic Company Limited and M/s Foshan Summit Ceramic Co. Limited, related companies of M/s Guangdong Newpearl Ceramic Group Company Limited, and exported by M/s Foshan Newpearl Trade Co. Ltd., Foshan, People’s Republic of China”.

2.     The amendment under this notification shall be effective from the date of issue of the notification ordering provisional assessment, that is, the 16th November, 2005.

 [F.No.354/214/2001-TRU (Pt.)]

(S. Bajaj)

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. 67/2007-CUSTOMS dated the 11^th May, 2007, published vide number G.S.R.343 (E), dated the 11^th May, 2007.