Notification No. 04/2018, Dated 21st January 2018

[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. 4/2018-Customs (ADD)

New Delhi, the 21st February, 2018

            G.S.R.             (E). Whereas, in the matter of “Ceramic Tableware and Kitchenware, excluding knives and toilet items” (hereinafter referred to as the ‘subject goods’), falling under headings 6911, 6912 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), (hereinafter referred to as the Customs Tariff Act), originating in, or exported from the China PR (hereinafter referred to as the subject country), and imported into India, the designated authority in its preliminary findings published in the Gazette of India, Extraordinary, Part I, Section 1, vide notification No. 14/05/2016-DGAD, dated 4th May 2017, had recommended imposition of provisional anti-dumping duty on the imports of subject goods, originating in, or exported from the subject countries;

            And, whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed provisional anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 27/2017-Customs (ADD), dated 12th June, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 576 (E), dated the 12th June, 2017;

            And, whereas, the designated authority in its final findings vide notification No. 14/05/2016- DGAD dated 8th December, 2017, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 8 th December, 2017, has come to the conclusion that

i. The product under consideration has been exported to India from the subject country at dumped country.
ii. The Domestic Industry has suffered material injury.
iii. The material injury has been caused by the dumped imports of the subject goods subject country.

and has recommended imposition of definitive anti-dumping duty on imports of the subject goods, originating in, or exported from subject countries and imported into India, 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, read with rules 18 and 20 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, after considering the aforesaid final findings of the designated authority, hereby imposes on the subject goods, the description of which is specified in column (3) of the Table below, falling under heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), originating in the country as specified in the corresponding entry in column (5), produced by the producer as specified in the corresponding entry in column (7), when exported from the country as specified in the corresponding entry in column (6), by the exporter as specified in the corresponding entry in column (8), imported into India, an antidumping duty at the rate equal to the amount as indicated in the corresponding entry in column (9), and as per unit of measurement as specified in the corresponding entry in column (10) of the said Table, namely:-

TABLE

Description of the Product under consideration is “Ceramic table wares and kitchen wares, excluding knives and 3 toilet items”. Bone china, stoneware and porcelain-ware all constitute ceramic products

2. The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) from the aforesaid date of imposition of the provisional anti-dumping duty, that is, the 12 th June, 2017 and shall be payable in Indian currency

            Provided that the said anti-dumping, duty shall not be levied for the period commencing from the date of the lapse of the provisional anti-dumping duty, that is, the 11th December, 2017 up to the preceding day of the publication of this notification in the Official Gazette.

Explanation. - For the purposes of this notification rate of exchange applicable for the purpose of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962), and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act, 1962.

[F. No. 354/91/2017-TRU]

(Ruchi Bisht)
Under Secretary to the Government of India