[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.
24/2016 -Customs (ADD)
New Delhi, the 7th
June, 2016
G.S.R. (E).- Whereas,
in the matter of import of Vitrified/Porcelain tiles (hereinafter referred to
as the subject goods), falling under heading 6907, 6908 or 6914 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. 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, dated the 21st May, 2008, 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. 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, M/s.
Foshan Sanshui Romantic Ceramics Co Limited, China PR (Producer-1); Heyuan
Romantic Ceramics Company Limited, China PR (Producer-2); Foshan Beyond Import
and Export Company Limited, China PR (Shipper) and Thai Impex Malaysia SDN BHD,
Malaysia (Exporter) [hereinafter referred to as the NSR applicants] 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. 15/25/2011-DGAD,
dated 18th May, 2012, published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 18th May, 2012, had recommended provisional assessment of
all exports of the subject goods by M/s. Foshan Sanshui Romantic Ceramics Co
Limited, China PR (Producer-1); Heyuan Romantic Ceramics Company Limited, China
PR (Producer-2); Foshan Beyond Import and Export Company Limited, China PR
(Shipper) and Thai Impex Malaysia SDN BHD, Malaysia (Exporter) 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. 35/2012-Customs
(ADD), dated the 10th July, 2012, published in the Gazette of India,
Extraordinary, Part II, Section 3, Subsection (i) 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 Sanshui Romantic Ceramics Co Limited, China PR (Producer- 1); Heyuan
Romantic Ceramics Company Limited, China PR (Producer-2); Foshan Beyond Import
and Export Company Limited, China PR (Shipper) and Thai Impex Malaysia SDN BHD,
Malaysia (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. 15/25/2011-DGAD, dated 18th May, 2012, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 18th May, 2012
vide its final findings in notification No. 15/25/2011-DGAD, dated 28th March,
2016, published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 28th March, 2016 has concluded that no individual dumping margin is
justified in respect of exports of the subject goods to India by M/s. Foshan
Sanshui Romantic Ceramics Co Limited, China PR (Producer-1); Heyuan Romantic
Ceramics Company Limited, China PR (Producer-2); Foshan Beyond Import and
Export Company Limited, China PR (Shipper) and Thai Impex Malaysia SDN BHD,
Malaysia (Exporter) and has accordingly recommended that the exports of the
subject goods by M/s. Foshan Sanshui Romantic Ceramics Co Limited, China PR
(Producer-1); Heyuan Romantic Ceramics Company Limited, China PR (Producer-2);
Foshan Beyond Import and Export Company Limited, China PR (Shipper) and Thai
Impex Malaysia SDN BHD, Malaysia (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. 82/2008-Customs, dated the 27th June, 2008;
Now, therefore, in
exercise of the powers conferred by sub-section (1) of section 9A of the
Customs Tariff Act, 1975 read with rules 18, 20, 22 and 23 of the said rules,
the Central Government, hereby orders that all imports of the subject goods
produced by M/s Foshan Sanshui Romantic Ceramics Co Limited, China PR
(Producer-1), and Heyuan Romantic Ceramics Company Limited, China PR
(Producer-2) and exported by Foshan Beyond Import and Export Company Limited,
China PR (Shipper) and Thai Impex Malaysia SDN BHD, Malaysia (Exporter) to
India, 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
the Gazette of India, Extraordinary, Part II, Section 3, Subsection (i) 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 as imposed 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.
[F.
No. 354/214/2001 –TRU (Pt. V)]
(Anurag
Sehgal)
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