Anti-dumping duty on imports of vitrified/porcelain tiles - 073/2003 - Anti Dumping Duty

This Notification has been superseded vide Notification No. 82/2008 dated 27/6/2008 Anti-dumping duty on imports of vitrified/porcelain tiles 1st May, 2003 Notification No. 73 /2003 - Customs (As amended by Nos. 80/2004-Cus., dt. 28-7-2004, No. 6/2006-Cus., dt. 13-2-2006 and 95/2006-Cus., dt. 8-9-2006, 67/2007 dated 11/5/2007, 110/2007 dated 26/10/2007 and 57/2008 dated 1-5-2008 ) WHEREAS in the matter of import of vitrified and porcelain tiles, other than vitrified industrial tiles (hereinafter referred to as "the subject goods"), falling under headings 6907 or 6908 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People's Republic of China and United Arab Emirates (UAE) and imported into India, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd December, 2001, had come to the conclusion that - (a) the subject goods, originating in, or exported from, the People's Republic of China and United Arab Emirates (UAE) and imported into India (hereinafter referred to as "the subject countries") have been exported to India below normal value, resulting in dumping; (b) the Indian industry has suffered material injury; (c) the injury has been caused cumulatively by the imports from the People's Republic of China and United Arab Emirates (UAE); and had considered it necessary to impose anti-dumping duty, provisionally, pending final determination, on all 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 an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 50/2002-Customs, dated the 2nd May, 2002, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 2nd May, 2002 vide No. G.S.R. 316(E), dated the 2nd May, 2002; AND WHEREAS, the designated authority, vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 5th February, 2003, has come to the conclusion that- (a) Vitrified/Porcelain Tiles have been exported to India from UAE and the People's Republic of China below its normal value resulting in dumping; (b) the Indian industry had suffered material injury; (c) the injury had been caused cumulatively by the imports from the subject countries; and has considered it necessary to impose definitive anti-dumping duty, on all imports of vitrified/porcelain tiles from the subject countries in order to remove the injury to the domestic industry; NOW, therefore, in exercise of the powers conferred by sub-section (5) read with sub-section (1) of section 9A of the said Customs Tariff Act, 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, on the basis of the aforesaid final findings of the designated authority, hereby imposes on vitrified and porcelain tiles, other than vitrified industrial tiles, falling under chapter 69 of the First Schedule to the Customs Tariff Act, originating in, or exported from, the country or territory specified in column (2) of the Table given below, when exported by producers/exporters specified in column (3) of the said Table, and imported into India, an anti-dumping duty which is equal to the amount specified in the corresponding entry in column (4) of the said Table. Table S. No. Country / Territory Producer / Exporters Amount in US $ per Sq. Metre (1) (2) (3) (4) 1. People's Republic of China All exporters/ producers 8.28 2. UAE M/s RAK Ceramics 0.74 All other exporters / producers 5.54 The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e., the 2nd May, 2002, and shall be payable in Indian currency. This notification shall remain in force upto and inclusive of the 1 st May, 2008 , unless the notification is revoked earlier. Provided that no anti-dumping duty shall be imposed on the imports into India of subject goods falling under chapter 69 of the First Schedule to the said Customs tariff Act, produced by M/s. Nanhai Shagyuan Oulian Construction Ceramic Co. Ltd., China PR (now known as M/s. Foshan Changcheng Oulian Construction Ceramic Ltd., China PR) and exported by M/s Prestige General Trading, Dubai, UAE. Provided further that no anti-dumping duty shall be imposed on the imports into India of subject goods falling under chapter 69 of the First Schedule to the said Customs tariff Act, produced by M/s Southern Building Materials and Sanitary Co. Ltd., Qingyan City, People's Republic of China and exported by M/s New Zhong Yuan Ceramics Import Export Co. Ltd., Guangdong, People's Republic of China. Provided further that no anti-dumping duty shall be imposed on the imports into India of subject goods falling under chapter 69 of the First Schedule to the said Customs Tariff Act, produced by M/s Heyuan Wanfeng Ceramics Co. Ltd., People's Republic of China and exported by M/s Foshan Lungo Ceramics Co. Ltd., People's Republic of China through the exporter, M/s Enterprise Trading FZE, United Arab Emirates. Provided also that no anti-dumping duty shall be imposed on the imports into India of the subject goods falling under Chapter 69 of the First Schedule to the said Customs Tariff Act, produced by M/s Foshan Shanshui Huiwanjia Ceramic Company Limited and M/s Foshan Summit Ceramic Co. Limited, related companies of M/s Guangdong Newpearl Ceramic Group Company Limited, and exported by M/s Foshan Newpearl Trade Co. Ltd., Foshan, People's Republic of China. 1 Provided also that no anti-dumping duty shall be imposed on the imports into India of the subject goods falling under Chapter 69 of the First Schedule to the said Customs Tariff Act, produced by M/s. Foshan Chan Cheng Jinyi Ceramics Co. Ltd., People's Republic of China and exported by M/s Joyson Ceramic Material Company Limited, People's Republic of China and M/s. Able Ace (M) Sdn. Bhd., Malaysia. Explanation . - For the purposes of this notification, "rate of exchange" applicable for the purposes of calculation of anti-dumping duty shall be the rate which is specified in the notification of the Government of India in the Ministry of Finance and Company Affairs (Department of Revenue), issued from time to time, in exercise of the powers under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act, 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. F.No. 354/214/2001-TRU V.Sivasubramanian Deputy Secretary to the Government of India ********** Notes: 1. The amendment under this notification shall be effective from the date of issue of the notification ordering provisional assessment, that is, the 30 th April, 2007.