Notification No. 25/2013, Dated 22nd Oct 2013

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

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No. 25/2013-Customs (ADD)

New Delhi, the 22nd October, 2013

  G.S.R 698(E).-  Whereas, in the matter of import of vitrified and porcelain 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) (hereinafter referred to as the Customs Tariff Act) and originating in, or exported from the People's Republic of China (China PR) or United Arab Emirates (UAE) (hereinafter referred to as the subject countries), the designated authority, vide its final findings in notification No.37/1/2001-DGAD dated  the 4th February, 2003 in the original anti-dumping case published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 4th February, 2003 had recommended imposition of anti-dumping duty on all imports of vitrified and porcelain tiles from 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 subject goods falling under Chapter 69 of the First Schedule to the Customs Tariff Act, originating in or exported from the subject countries and imported into India 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, G.S.R. 376(E) dated the 1st May, 2003;

  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 21st April, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 23rd April, 2008 subsequently amended vide Notification No. 15/17/2006-DGAD, dated the 21st May, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, had 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;  

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on subject goods falling under heading 6907 or 6908 or 6914 of the First Schedule to the Customs Tariff Act, originating in or exported from China PR and imported into India 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 Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, G.S.R. 485(E) dated the 27thJune, 2008;

   And whereas, M/s Foshan Qiangbiao Ceramics Co. Ltd, China PR (producer) through M/s Sheenway Corporation Ltd., Hong Kong (exporter) 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 (hereinafter referred to as the said rules)in respect of exports of the subject goods made by them, and the designated authority, vide new shipper review notification No. 15/20/2011-DGAD dated the 19th April, 2012, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 19th April, 2012, had  recommended provisional assessment of all exports of the subject goods made by the above stated party when imported into India, till the completion of the said review;

And whereas, in exercise of the powers conferred by sub-rule (2) of rule 22 of the said rules, the Central Government, after considering the aforesaid recommendation of the designated authority,vide, notification of the Government of India in the Ministry of Finance (Department of Revenue), notification No. 35/2012-Customs (ADD), dated the 10th July, 2012, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R. 551 (E), dated the 10th July, 2012 had ordered that pending the outcome of the said review by the designated authority, the subject goods, when exported by M/s Foshan Qiangbiao Ceramics Co. Ltd, China PR (producer) through M/s Sheenway Corporation Ltd., Hong Kong (exporter) and imported into India, shall be subjected to provisional assessment till the review is completed;

And whereas, the designated authority in the matter of new shipper review initiated vide notification No. 15/20/2011-DGAD dated the 19th April, 2012, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 19th April, 2012, vide its final findings in notification No. 15/20/2011-DGAD dated the 24th July, 2013, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24th July, 2013 has concluded that no individual dumping margin is justified in respect of exports of the subject goods made to India by by M/s Foshan Qiangbiao Ceramic Co. Ltd, Foshan,  China  PR  (Producer)    through    M/s  Sheenway  Corporation  Ltd.,  Hong  Kong and has accordingly recommended that M/s Foshan Qiangbiao Co. Ltd, China PR (Producer) and M/s  Sheenway  Corporation  Ltd.,  Hong  Kong  (Exporter)  shall  be liable  for payment  of the residual rate of duty in Indian rupees at the rate of `155 per square meter as applicable vide notification No 82/2008-Customs  dated the 27th June, 2008 in respect of exports of vitrified and porcelain tiles falling under Chapter 69 of the Customs Tariff Act, 1975 originated in or exported from China PR;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the Customs Tariff Act, read with rules 18, 20, 22 and 23 of the said rules, the Central Government, hereby orders that all imports of the subject goods by M/s Foshan Qiangbiao Ceramics Co. Ltd, China PR (producer) through M/s Sheenway Corporation Ltd., Hong Kong (exporter) which have been subjected to provisional assessment pursuant to the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 35/2012-Customs (ADD), dated the 10th July, 2012, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R. 551 (E), dated the 10th July, 2012 shall be subjected to final assessment on the payment of  anti-dumping duty of ` 155 per square meter.

 [F. No. 354/ 214/2001-TRU (Pt.4)]

 (Akshay Joshi)

Under Secretary to the Government of India