Notification No. 82/2008, Dated 27th June 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.82/2008-Customs

New Delhi, dated the 27^th June, 2008

G.S.R. (E).             – Whereas, the Designated Authority, vide its Notification No. 15/17/2006-DGAD, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 30th April, 2007, had initiated a sunset review in the matter of continuation of anti-dumping duty on imports of vitrified and porcelain tiles, other than vitrified industrial tiles (hereinafter referred to as “the subject goods”), falling under headings 6907 or 6908 or 6914 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China (China PR) and United Arab Emirates (hereinafter referred to as subject countries) and imported into India, imposed vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 73/2003-Customs, dated the 1^st May, 2003 published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide G.S.R. No. 376(E), of the same date;

And whereas, the Central Government has extended the anti-dumping duty on the subject goods, originating in, or exported from, the subject countries vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 67/2007-Customs, dated the 11th May, 2007, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide G.S.R. No.343(E) of the same date, up to and inclusive of the 1st May, 2008;

And whereas, in the matter of sunset review of anti-dumping duty on import of the subject goods, originating in, or exported from the subject countries, the Designated Authority vide its findings, No. 15/17/2006-DGAD, dated the 21^st April, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 23^rd April, 2008 subsequently amended vide Notification No. 15/17/2006-DGAD, dated the 21^st May, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, has come to the conclusion that –

(i)      there is no dumping taking place from United Arab Emirates (UAE);

(ii)     the subject goods are likely to enter Indian market at dumped prices from China PR, should the present measures be withdrawn;

(iii)       In spite of the antidumping measures in place, there exists significant current injury to the domestic industry. There is also no evidence on record to suggest that dumping or the injury to the domestic industry would cease to exist or is not likely to recur in case the anti-dumping duties are discontinued;

and has recommended continued imposition of the anti-dumping duty on the subject goods originating in, or exported from, China PR in order to remove injury to the domestic industry;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) read with rules 18 and 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 73/2003-Customs, dated the 1^st May, 2003, vide number G.S.R. 376(E), dated the 1^st May, 2003, except as respects things done or omitted to be done before such supersession, the Central Government, after considering the aforesaid findings of the Designated Authority and the subsequent amendment thereto, hereby imposes on the subject goods, the description of which is specified in column (3) of the Table below, falling under headings of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in column (4) of the said Table, originating in the countries as specified in the corresponding entry in column (5), and exported from the countries as specified in the corresponding entry in column (6), and produced by the producers as specified in the corresponding entry in column (7), and exported by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate which is equal to the amount as specified in the corresponding entry in column (9) in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10) of the said Table.

Table

2.         The anti-dumping duty imposed under this notification shall be effective for a period of five years from the date of publication of this notification in the Official Gazette.

Explanation.- for the purposes of this notification, Vitrified /Porcelain Tiles means unglazed tiles, in polished or unpolished finish, and glazed porcelain/ceramic tiles, both with less than 3% water absorption, other than vitrified industrial tiles.

[F.No. 354/214/2001-TRU(Pt.III)]

[Sonal Bajaj]

Under Secretary to the Government of India