Notification No. 57/2008, Dated 1st May 2008

[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. 57/2008 - Customs

New Delhi, the 1^st May, 2008

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 5^th February, 2003, had come to the conclusion that -

(a)        the subject goods had 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 No. 73/2003-Customs, dated the 1^st 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 1^st May, 2003;

And whereas on the basis of a request made by M/s. Foshan Chan Cheng Jinyi Ceramics Co. Ltd., People’s Republic of China, producer and M/s Joyson Ceramic Material Company Limited, People’s Republic of China and M/s. Able Ace (M) Sdn. Bhd. Malaysia, exporters/shippers, 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 initiation notification No. 15/14/2006-DGAD, dated the 22^nd March, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 22^nd March, 2007, had recommended provisional assessment of all exports of the subject goods made by the said M/s. Foshan Chan Cheng Jinyi Ceramics Co. Ltd., People’s Republic of China (producer) and M/s Joyson Ceramic Material Company Limited, People’s Republic of China (exporter) through M/s. Able Ace (M) Sdn. Bhd. Malaysia (exporter) 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. 59/2007-Customs, dated the 30^th April, 2007 which was published in Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i) vide number G.S.R.316(E), dated the 30^th April, 2007 thatpending the outcome of the said review by the designated authority, the subject goods, produced by M/s. Foshan Chan Cheng Jinyi Ceramics Co. Ltd., People’s Republic of China and exported by M/s Joyson Ceramic Material Company Limited, People’s Republic of China through M/s. Able Ace (M) Sdn. Bhd. Malaysia, 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.15/14/2006-DGAD, dated the 28^th March, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28^th March, 2008, has come to the following conclusions-

(i)        the producer, M/s. Foshan Chan Cheng Jinyi Ceramics Co. Ltd., M/s Joyson Ceramic Material Company Limited and M/s. Able Ace (M) Sdn. Bhd. Malaysia, as the exporters of the subject goods from China PR, have established themselves as new shippers of the subject goods to India and, therefore, are eligible for separate dumping margins.

(ii)            dumping margin of the vitrified porcelain tiles manufactured by M/s. Foshan Chan Cheng Jinyi Ceramics Co. Ltd. and exported by M/s Joyson Ceramic Material Company Limited and M/s. Able Ace (M) Sdn. Bhd. Malaysia during the period review, was found to be de minimis; and

has recommended that no anti dumping duty be imposed on imports of said Vitrified/porcelain Tiles falling under Chapter 69 of the said Custom Tariff Act, produced by M/s. Foshan Chan Cheng Jinyi Ceramics Co. Ltd. and exported by M/s Joyson Ceramic Material Company Limited and M/s. Able Ace (M) Sdn. Bhd., Malaysia as the exporters of the subject goods from China PR.     

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 1^st 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 1^stMay, 2003, namely :-

In the said notification, after the fourth 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 Chan Cheng Jinyi Ceramics Co. Ltd., People’s Republic of China and exported by M/s Joyson Ceramic Material Company Limited, People’s Republic of China and M/s. Able Ace (M) Sdn. Bhd., Malaysia.”

2.    The amendment under this notification shall be effective from the date of issue of the notification ordering provisional assessment, that is, the 30^th April, 2007.

 [F.No.354/214/2001-TRU (Pt.II)]

(Unmesh Wagh)

Under Secretary to the Government of India

Note. - The principal notification No. 73/2003-Customs, dated the 1^st May, 2003, was published in the Gazette of India vide number G.S.R. 376(E), dated the 1^st May, 2003 and last amended vide notification No. 110/2007-Customs, dated the 26^th October, 2007, published vide number G.S.R. 680(E),  dated the 26^th October, 2007.