[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. 53 / 2012 – Customs (ADD)
New
Delhi, the 14th December, 2012
G.S.R. 888(E). – Whereas, in the matter of import of Vitrified
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) and 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 5th February, 2003 in the original anti-dumping case
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
5th February, 2003 had
come to the conclusion that-
·
Vitrified Porcelain Tiles have been exported to India from UAE and
China PR below its normal value resulting in dumping;
·
the Indian industry has suffered material injury;
·
the injury has been caused cumulatively by the imports from the
subject countries,
and had recommended to
impose anti-dumping duty on all imports of Vitrified 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, vide number 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, 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 come to the conclusion that –
·
there is no dumping taking place from UAE;
·
the subject goods are likely to enter Indian market at dumped
prices from China PR, should the present measures be withdrawn;
·
inspite of the anti-dumping
measures in place, there exists significant current injury to the domestic
industry. There is also no evidence on record to suggest that dumping or the
injury to the domestic industry would cease to exist or is not likely to recur
in case the anti-dumping duties are discontinued,
and 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 27thJune,
2008, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R. 485(E), dated the 27th June, 2008;
And whereas, on the basis of a request made by M/s. Jiangxi Zhengda Ceramics Co. Ltd.- China PR (producer) and
exported through M/s FoshanZ&D Ceramics Ltd.-
China PR (exporter) 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 notification No. 15/29/2010-DGAD, dated the 21st February, 2011, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 21st February, 2011, had recommended provisional
assessment of all exports of the subject goods made by M/s. Jiangxi Zhengda Ceramics Co. Ltd.- China PR (producer) and
exported through M/s Foshan Z&D
Ceramics Ltd.- China PR (exporter), 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.
41/2011-Customs, dated the 23rd May, 2011, published in Part II, Section 3, Sub-Section (i) of the Gazette of India, Extraordinary, dated
the 23rd May, 2011, vide number G.S.R.395 (E), dated the 23rd May, 2011 that, pending the outcome of the said review by the designated
authority, the subject goods, produced by M/s. Jiangxi Zhengda Ceramics Co. Ltd.- China PR (producer) and
exported through M/s Foshan Z&D
Ceramics Ltd.- China PR (exporter), when imported into India, shall be subjected to provisional assessment till the review is
completed;
And whereas, the designated authority, vide its final findings No.15/29/2010-DGAD, dated the 28th September, 2012, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 28th September, 2012, has come to the conclusions
that-
·
the producer M/s. Jiangxi Zhengda Ceramics
Co. Ltd.- China PR (producer) and exporter M/s Foshan Z&D
Ceramics Ltd.-China PR have established themselves as new shipper of the
subject goods to India and therefore, are eligible for individual dumping
margin;
·
dumping margin of vitrified porcelain tiles manufactured by M/s.
Jiangxi Zhengda Ceramics
Co. Ltd.-China PR (producer) and supplied to M/s FoshanZ&D
Ceramics Ltd.-China PR (Exporter) and subsequently exported to India by routing
the same through during the period of review was found to be negative,
and has recommended that no anti-dumping duty be imposed or levied on
imports of vitrified porcelain tiles falling under chapter 69 of the First Schedule to
the Customs Tariff Act 1975 produced by M/s. Jiangxi Zhengda Ceramics Co. Ltd.-China PR (producer), and
supplied to M/s Foshan Z&D
Ceramics Ltd.-China PR. (Exporter) and subsequently exported to India by it.
Now, therefore, in exercise of the powers conferred by
sub-sections (1) and (5) of section 9A of the 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 Part
II, Section 3, Sub-section (i) of the Gazette of
India, Extraordinary, vide number G.S.R. 485(E), dated the 27th June, 2008, namely :-
In the said
notification, after the third 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. Jiangxi ZhengdaCeramics Co. Ltd.-China PR, and exported by M/s Foshan Z&D Ceramics Ltd.- China PR.”
2. This notification
shall be effective from the date of issue of the notification ordering
provisional assessment, that is, the 23rd May, 2011.
[F.No.354/214/2001-TRU
(Pt.4)]
(Raj
Kumar Digvijay)
Under
Secretary to the Government of India
Footnote:- The principal notification
No.82/2008-Customs, dated the 27th June, 2008, was published in the Gazette of
India vide number G.S.R. 485(E), dated the 27th June, 2008 and last amended vide notification No. 63/2009- Customs, dated the 15th June,2009, published vide number
G.S.R.419 (E), dated the 15th June,2009.
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