Seeks to Amend notification No.82/2008-Cus,dated 27.06.2008. - 53/2012 - Anti Dumping Duty

[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 14 th 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 5 th February, 2003 in the original anti-dumping case published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5 th February, 2003 had come to the conclusion that (i) Vitrified Porcelain Tiles have been exported to India from UAE and China PR below its normal value resulting in dumping; (ii) the Indian industry has suffered material injury; (iii) 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 1 st 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 23 rd April, 2008, subsequently amended vide notification No. 15/17/2006-DGAD, dated the 21 st May, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, had come to the conclusion that (i) there is no dumping taking place from UAE; (ii) the subject goods are likely to enter Indian market at dumped prices from China PR, should the present measures be withdrawn; (iii) in spite 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 27 th 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 27 th 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 Foshan Z 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 21 st February, 2011, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 21 st 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 23 rd May, 2011, published in Part II, Section 3, Sub-Section (i) of the Gazette of India, Extraordinary, dated the 23 rd May, 2011, vide number G.S.R.395 (E), dated the 23 rd 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 28 th September, 2012, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28 th September, 2012, has come to the conclusions that- (i) 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; (ii) dumping margin of vitrified porcelain tiles manufactured 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 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 27 th 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 Zhengda Ceramics 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 23 rd 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 15 th June,2009, published vide number G.S.R.419 (E), dated the 15 th June,2009.