Notification No. 63/2009, Dated 15th June 2009

[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)

New Delhi, 15^th June, 2009

Notification No. 63/2009-CUSTOMS

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 or 6914 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the United Arab Emirates and People’s Republic of China (hereinafter referred to as China PR) and imported into India, the designated authority in its sunset review final findings vide notification No. 15/17/2006-DGAD, dated the 21st April, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 23rd April, 2008, as amended, had come to the conclusion that -

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

(ii)         the subject goods were likely to enter Indian market at dumped prices from China PR, should the present measures be withdrawn;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 existed significant current injury to the domestic industry and there was also no evidence on record to suggest that dumping or the injury to the domestic industry would cease to exist or was not likely to recur in case the anti-dumping duties were discontinued,

and had considered it necessary to continue 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;

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. 82/2008-Customs, dated the 27th June, 2008, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 485(E), dated the 27th June, 2008;

And whereas on the basis of a request made by M/s Foshan Lihua Ceramics Co. Ltd., China PR (producer), M/s Foshan Henry Trading Company, China PR (exporter) through M/s Anjaneya Trading PTE Ltd., Singapore (exporter) (herein after referred to as “subject parties”) 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. 15/23/2008-DGAD, dated the 11th November, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 11th November, 2008 had recommended provisional assessment of all exports of the subject goods made by the subject parties 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. 134/2008-Customs, dated the 22^nd December, 2008 which was published in Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i) vide number G.S.R.869(E), dated the 22nd December, 2008 that pending the outcome of the said review by the designated authority, the subject goods produced by M/s Foshan Lihua Ceramics Co. Ltd., China PR and exported by M/s Foshan Henry Trading Company, China PR through M/s Anjaneya Trading PTE Ltd., Singapore, when imported into India, shall be subjected to provisional assessment till the new shipper review is completed;

And whereas, the designated authority, vide its final findings No.15/23/2008-DGAD, dated the 25^th April, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27^th April, 2009, has come to the the conclusions that -

(i)           the producer M/s Foshan Lihua Ceramics Co. Ltd., China PR, exporter M/s Foshan Henry Trading Company, China PR and M/s Anjaneya Trading PTE Ltd., Singapore have established themselves as new shipper of the subject goods to India and therefore, are eligible for separate dumping margin;

(ii)         dumping margin of vitrified porcelain tiles manufactured by M/s Foshan Lihua Ceramics Co. Ltd., China PR, and supplied to M/s Foshan Henry Trading Company, China PR and subsequently exported to India by routing the same through M/s Anjaneya Trading PTE Ltd., Singapore, during the period of review is negative,

and has recommended that no anti dumping duty be imposed on imports of subject goods from the subject parties;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (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 of the Government of India in the Ministry of Finance (Department of Revenue), No.82/2008-Customs, dated the 27th June, 2008, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 485(E), dated the 27th June, 2008, namely :-

In the said notification, in the opening paragraph, after the second proviso, 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 produced by M/s Foshan Lihua Ceramics Co. Ltd., China PR and exported by M/s Foshan Henry Trading Company, China PR through M/s Anjaneya Trading PTE Ltd., Singapore.”

2.            This notification shall be effective from the date of issue of the notification ordering provisional assessment, that is, the 22^nd December, 2008.

[F. No. 354/214/2001-TRU(Pt.III)] 

(Prashant Kumar)

Under Secretary to the Government of India

Note. - The principal notification No. 82/2008-Customs, dated the 27th June, 2008, was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 485(E), dated the 27th June, 2008 and was last amended by notification No. 52/2009-Customs, dated the 22^nd May, 2009, which was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.353(E), dated the 22^nd May, 2009.