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) (hereinafter referred to as �the subject countries�) and imported into India, the designated authority vide its final findings, No. 37/1/2001-DGAD, dated the 4th February, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5th February, 2003, had 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
had 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;
And whereas on the basis of aforesaid final findings of the designated authority, the Central Government had imposed final anti-dumping duty 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, dated the 1st May, 2003 [G.S.R. 376(E), dated the 1st May, 2003];
And whereas on the basis of a request made by M/s Nanhai Shanyuan Oulian Construction Ceramics Co. Ltd., China, producer with M/s Prestige General Trading, Dubai, UAE as 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 made by them, the designated authority, vide new shipper review notification No.15/2/2003-DGAD, dated the 23rd May, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24th May, 2003, has recommended provisional assessment of all exports of the subject goods made by the said M/s Nanhai Shanyuan Oulian Construction Ceramics Co. Ltd., China, producer with M/s Prestige General Trading, Dubai, UAE as exporter, till the completion of the review by the designated authority;
And whereas on the basis of aforesaid recommendation of the designated authority, the Central Government has ordered, vide notification No. 98/2003-Customs, dated the 1st July, 2003, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 1st July, 2003 [G.S.R. 521(E), dated the 1st July, 2003], that pending the outcome of the said review by the designated authority, subject goods falling under chapter 69 of the First Schedule to the said Customs Tariff Act, produced by M/s Nanhai Shanyuan Oulian Construction Ceramics Co. Ltd., China, and exported by M/s Prestige General Trading, Dubai, UAE, 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. 15/2/2003-DGAD,dated the 30th June, 2004, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 30th June, 2004, read with the corrigendum No. 15/2/2003-DGAD, dated the 15th July, 2004, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the15th July, 2004, has come to the conclusion that export price of vitrified/ porcelain tiles exported to India 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 from M/s Prestige General Trading, Dubai, UAE is above its normal value during the period of investigation and recommended that no anti dumping duty be imposed on imports of vitrified/ porcelain tiles falling under chapter 69 of 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 from M/s Prestige General Trading, Dubai, UAE.
Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act and 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 of the designated authority hereby makes the following amendments in the notification No. 73/2003-Customs, dated the 1st May, 2003, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 376(E), dated the 1st May, 2003, namely:-
In the said notification, before the Explanation, the following proviso shall be inserted, namely:-
�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.�.
2. The amendments under this notification shall be effective from the date of issue of the notification ordering provisional assessment, that is, the 1st July, 2003.
F. No. 354/ 214/ 2001 (Part I)-TRU
(V. Sivasubramanian)
Deputy Secretary to the Government of India Note.- The principal notification No. 73/2003-Customs, dated the 1st May, 2003, was published in the Gazette of India vide number G.S.R. 376(E), dated the 1st May, 2003].
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