Notification No. 35/2015, Dated 31st of July 2015

[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. 35/2015-Customs (ADD)

New Delhi, the 31st of July, 2015

G.S.R. (E).- Whereas, in the matter of import of ceramic glazed tiles other than vitrified tiles where at least one of the sides (length or width) exceeds 17 inches or 431.80 millimeters (mm) or 43.18 centimeters (cm) or 1.4167 feet (hereinafter referred to as the subject goods), falling under tariff item 6908 90 90 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from China PR (hereinafter referred to as the subject country), the designated authority, vide its final findings in notification No. 14/16/2008-DGAD, dated the 9th October, 2009 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 12th October, 2009 had recommended imposition of anti-dumping duty on all imports of subject goods from the subject country 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 in the Ministry of Finance (Department of Revenue), No. 127/2009-Customs, dated the 2nd December, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i), dated the 2nd December, 2009, vide number G.S.R. 853 (E), dated the 2nd December, 2009;

And whereas, M/s Gaoyao Marshal Ceramics Co. Ltd., China PR (producer) through M/s Foshan Dihai Trading Development Co. Ltd., China PR (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, in respect of exports of the subject goods made by them, and the designated authority, vide new shipper review notification No. 15/38/2010-DGAD, dated 19th October, 2011, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 19th October, 2011, 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 review by it;

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. 109/2011-Customs, dated the 15th December, 2011, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 884 (E), dated the 15th December, 2011 had ordered that pending the outcome of the said review by the designated authority, the subject goods, when exported by M/s Gaoyao Marshal Ceramics Co. Ltd., China PR (producer) through M/s Foshan Dihai Trading Development Co. Ltd., China PR (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. 15/38/2010-DGAD, dated 19th October, 2011, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the19th October, 2011, vide its final findings in notification No. No. 15/38/2010-DGAD dated the 2nd June, 2015, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 2 nd June, 2015 has concluded that no individual dumping margin is justified in respect of exports of the subject goods made to India by M/s Gaoyao Marshal Ceramics Co. Ltd., China PR (producer) through M/s Foshan Dihai Trading Development Co. Ltd., China PR (exporter) and has accordingly recommended that, the exports of the subject goods made by M/s Gaoyao Marshal Ceramics Co. Ltd., China PR (Producer) and M/s Foshan Dihai Trading Development Co. Ltd., China PR (Exporter), during the period from the date of initiation of the present new shipper review investigation recommending provisional assessment, may be subjected to levy of anti-dumping duty as imposed earlier on the imports of the subject goods, originating in or exported from China PR, vide Notification No. 127/2009-Customs, dated 2nd December, 2009.

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 Gaoyao Marshal Ceramics Co. Ltd., China PR (producer) through M/s Foshan Dihai Trading Development Co. Ltd., China PR (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. 109/2011-Customs, dated the 15th December, 2011, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 884 (E), dated the 15th December, 2011 shall be subjected to final assessment on the payment of antidumping duty as imposed vide Notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 127/2009-Customs, dated the 2nd December, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i), dated the 2 nd December, 2009, vide number G.S.R. 853 (E), dated the 2nd December, 2009.

[F. No. 354/ 117/2009-TRU] (Pt.-1)

(Anurag Sehgal)

Under Secretary to the Government of India