GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

Notification No.94/2008-CUSTOMS

New Delhi, the 1st August, 2008

G.S.R. (E).- 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 or 6914 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the United Arab Emirates and People’s Republic of China (hereinafter referred to as China PR) and imported into India, the designated authority in its sunset review final findings vide notification No. 15/17/2006-DGAD, dated the 21st April, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 23rd April, 2008, as amended, had come to the conclusion that -

1.  there was no dumping taking place from United Arab Emirates;
   
   
2. the subject goods were likely to enter Indian market at dumped prices from China PR, should the present measures be withdrawn;
   
   
3.  in spite of the antidumping measures in place, there existed significant current injury to the domestic industry and there was also no evidence on record to suggest that dumping or the injury to the domestic industry would cease to exist or was not likely to recur in case the anti-dumping duties were discontinued,

and had considered it necessary to continue 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 the subject goods, vide 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 the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.485(E), dated the 27th June, 2008;

And whereas in the aforesaid sunset review final findings, the designated authority, on the basis of its new shipper review final findings vide notification No.15/23/2006-DGAD, dated the 14th February, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 21st May, 2008 which held that the dumping margin of the vitrified porcelain tiles manufactured by M/s Foshan Nanhai Jing Yu Ceramics Ltd. Foshan China (also known as Bioma Ceramics), People’s Republic of China and exported by M/s Shye International, Hong Kong was found to be de minimis and recommended that no anti-dumping duty be imposed on imports of said vitrified or porcelain tiles produced by M/s Foshan Nanhai Jing Yu Ceramics Ltd. Foshan China (also known as Bioma Ceramics), People’s Republic of China and exported by M/s Shye International, Hong Kong, and considering that the combination of M/s Foshan Nanhai Jing Yu Ceramics Ltd. Foshan China (also known as Bioma Ceramics), People’s Republic of China and M/s Shye International, Hong Kong had not made sales to India during the period of investigation of the sunset review investigation but had exported subject goods to India in post period of investigation period, had held the aforesaid combination as a cooperating exporter;

Now, therefore, in exercise of the powers conferred by sub-section (1) and sub-section (5) of section 9A of the said 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 amendment 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 the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 485(E), dated the 27th June, 2008, namely :-

In the said notification, after the opening paragraph, the following proviso shall be inserted, namely: -

“Provided that no anti-dumping duty shall be imposed on the imports into India of the subject goods produced by M/s Foshan Nanhai Jing Yu Ceramics Ltd. Foshan China (also known as Bioma Ceramics), People’s Republic of China and exported by M/s Shye International, Hong Kong.”

2. This notification shall be effective from the date of issue of the sunset review notification No.82/2008-Customs, that is, the 27th June, 2008.

(G. G. Pai)
Under Secretary to the Government of India
[ F. No. 354/214/2001-TRU(Pt.III)]

Note. - The principal notification No. 82/2008-Customs, dated the 27th June, 2008, was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 485(E), dated the 27th June, 2008.