GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
New Delhi , dated the 30th April, 2007
NOTIFICATION No.59/2007-CUSTOMS
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 Chapter 69 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, published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 5th February, 2003, had come to the conclusion that -
- the subject goods have been exported to India from the subject countries
below its normal value resulting in dumping;
- the Indian industry had suffered material injury;
- the injury had been caused cumulatively by the imports from the subject
countries; and
had considered it necessary to impose anti-dumping duty on all imports of the
subject goods from the 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 anti-dumping duty on the subject goods 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, vide number G.S.R. 376(E), dated the 1st May, 2003;
And whereas, M/s Foshan Chan Cheng Jinyi Ceramics Co. Ltd., People’s Republic of
China (producer) with M/S Joyson Ceramic Material Company Limited, Hong Kong
(exporter) through M/s. Able Ace (M) Sdn. Bhd. Malaysia (exporter) has requested
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, and the designated
authority, vide new shipper review notification No. 15/14/2006-DGAD, dated the
22nd March,, 2007, published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 22nd March, 2007, has recommended provisional assessment of
all exports of the subject goods made by the said M/s Foshan Chan Cheng Jinyi
Ceramics Co. Ltd., People’s Republic of China (producer) with M/S Joyson Ceramic
Material Company Limited, Hong Kong ( exporter) through M/s. Able Ace (M) Sdn.
Bhd. Malaysia (exporter) till the completion of the review;
Now, therefore, in exercise of the powers conferred by sub-rule (2) 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, the
Central Government, after considering the aforesaid recommendation of the
designated authority, hereby orders that pending the outcome of the said review
by the designated authority, vitrified and porcelain tiles, other than vitrified
industrial tiles, 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, Hong Kong through M/s. Able Ace (M) Sdn. Bhd. Malaysia, and imported
into India, shall be subjected to provisional assessment till the review is
completed.
- The provisional assessment may be subject to such security or guarantee as
the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the
case may be, deems fit for payment of the deficiency, if any, in case a
definitive anti-dumping duty is imposed retrospectively, on completion of
investigation by the designated authority.
- In case of recommendation of anti-dumping duty after completion of the said
review by the designated authority, the importer shall be liable to pay the
amount of such anti-dumping duty recommended on review and imposed on all
imports into India of the subject goods from M/s Foshan Chan Cheng Jinyi
Ceramics Co. Ltd., People’s Republic of China, producer with M/S Joyson Ceramic
Material Company Limited, Hong Kong as exporter through M/s. Able Ace (M) Sdn.
Bhd. Malaysia, from the date of initiation of the said review.
[F. No. 354/214/2001-TRU (Part II)]
(G.G. Pai)
Under Secretary to the Government of India