GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

Notification No. 29 /2017-Customs (ADD)

New Delhi, the 14^th June, 2017

G.S.R. (E). – Whereas, in the matter of ‘Glazed/Unglazed Porcelain/Vitrified tiles in polished or unpolished finish with less than 3% water absorption’) falling under heading 6907, 6908 or 6914 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from the China PR, (hereinafter referred to as the subject country), and imported into India, the designated authority in its preliminary findings published in the Gazette of India, Extraordinary, Part I, Section 1, vide notification No. 14/14/2014-DGAD dated the 11^th March, 2016, had come to the conclusion that –

(a) the subject goods have been exported to India from the subject country below normal value;

(b) the domestic industry has suffered injury on account of import of the subject goods from the subject country;

(c) the injury has been caused by the dumped imports of the subject goods from the subject country.

and had recommended imposition of provisional anti-dumping duty on the goods, originating in or exported from the subject country and imported into India, in order to remove injury to the domestic industry;

And whereas on the basis of the aforesaid preliminary findings of the designated authority, the Central Government had imposed provisional anti-dumping duty, vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 12/2016-Customs (ADD), dated the 29^th March, 2016, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 359 (E), dated the 29^th March, 2016;

And whereas the designated authority vide its final findings vide notification No. 14/14/2014-DGAD, dated 8^th April, 2017, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 8^th April, 2017, in the matter of “Soluble Salt Double Charge, GVT and PGVT, Porcelain/ Vitrified Tiles with less than 3% water absorption and All sizes” (hereinafter referred to as the said goods) has come to the conclusion that -

(a) there has been significant increase in the volume of dumped imports from the subject country in absolute terms throughout the injury period and in relation to production and consumption in India;

(b) the said goods are entering the Indian market from the subject countries at dumped prices;

(c) though the performance of the domestic industry, in terms of volume and price parameters during the POI as a whole does not show any deterioration last two quarters of the POI shows significant volume and price effects of dumped imports from the subject country due to significant increase in imports and decline in prices;

(d) overall assessment of the trend in increasing imports and decline in prices coinciding with imposition of trade remedy measures on export of tiles from China to those countries, sluggish demand and overcapacity in China indicates that there is an imminent threat of intensified dumping in India and consequent injury to the domestic industry in the absence of a measure,

and has recommended imposition of definitive anti-dumping duty on the said goods, originating in or exported from the subject country and imported into India, in order to remove injury to the domestic industry;

Now, therefore, in exercise of the powers conferred by sub-section (1) and (5)of section 9A of the Customs Tariff Act, 1975 (51 of 1975), 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, after considering the aforesaid final findings of the designated authority, hereby imposes definitive anti-dumping duty on the said goods, the description of which is specified in column (3) of the Table below, falling under Chapter heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), originating in the country as specified in the corresponding entry in column (4), produced by the producer as specified in the corresponding entry in column (6), when exported from the country as specified in the corresponding entry in column (5), by the exporter as specified in the corresponding entry in column (7), imported into India, an anti-dumping duty at the rate equal to the amount as indicated in the corresponding entry in column (8), in the currency as specified in the corresponding entry in column (10) and as per unit of measurement as specified in the corresponding entry in column (9) of the said Table, namely:-

Table

*The product does not cover Micro-crystal tiles, Full Body tiles and thin panel tiles below 5mm thickness

**List of Non-sampled exporters from China PR

2. The anti-dumping duty imposed under this notification shall be levied for a period of five years (unless revoked, amended or superseded earlier) from the date of imposition of the provisional anti-dumping duty, that is, the 29^th March,2016, imposed vide Notification No. 12/2016 dated the 29^th March, 2016, and shall be paid in Indian currency:

Provided that the said anti-dumping duty shall not be levied for the period commencing from the lapse of the provisional anti-dumping duty, that is, the 28^th September,2016, up to the preceding day of the publication of this notification, in the Official Gazette.

Explanation. - For the purposes of this notification, rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962) and the relevant date for determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Act.

(Ruchi Bisht)
Under Secretary to the Government of India
[F. No. 354/24/2016 – TRU]