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 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 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 Guangdong Monalisa Ceramic Co. Ltd, People’s Republic of China and M/s Foshan Monalisa Industry Co. Ltd, People’s Republic of China had 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. 15/10/2006-DGAD dated the 31st January, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 31st January, 2007, had recommended provisional assessment of all exports of the subject goods made by the said M/s Guangdong Monalisa Ceramic Co. Ltd, People’s Republic of China and M/s Foshan Monalisa Industry Co. Ltd, People’s Republic of China till the completion of the review;

And whereas, on the basis of the aforesaid recommendation of the designated authority, the Central Government has issued notification No. 38/2007 -Customs, dated the 9th March, 2007, published in the Official Gazette vide number G.S.R.186 (E), dated the 9th March, 2007,ordering 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, exported by M/s Guangdong Monalisa Ceramic Co. Ltd, People’s Republic of China and M/s Foshan Monalisa Industry 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 has amended new shipper review notification No. 15/10/2006-DGAD dated the 31st January, 2007 vide amendment dated the 22nd March, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 22nd March, 2007;

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 hereby makes the following amendment in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 38/2007 -Customs, dated the 9th March, 2007, published in the Official Gazette vide number G.S.R.186 (E), dated the 9th March, 2007, namely: -

In the said notification, for the words “M/s Guangdong Monalisa Ceramic Co. Ltd, People’s Republic of China and M/s Foshan Monalisa Industry Co. Ltd, People’s Republic of China” wherever it occurs, the words “M/s Guangdong Monalisa Ceramic Co. Ltd, People’s Republic of China (Producer) and M/s Foshan Monalisa Industry Co. Ltd, People’s Republic of China (Exporter) through M/s Ava Corp., Hong Kong (Exporter)” shall be substituted.

[F. No. 354/ 214 /2001-TRU] 
(G.G. Pai) 
Under Secretary to the Government of India