|
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
Notification No. 35/2015-Customs (ADD)
New Delhi, Dated the 31st of July, 2015
G.S.R. (E).- Whereas, in the matter of import of ceramic glazed tiles other
than vitrified tiles where at least one of the sides (length or width) exceeds
17 inches or 431.80 millimeters (mm) or 43.18 centimeters (cm) or 1.4167 feet
(hereinafter referred to as the subject goods), falling under tariff item 6908
90 90 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975),
originating in or exported from China PR (hereinafter referred to as the subject
country), the designated authority, vide its final findings in notification No.
14/16/2008-DGAD, dated the 9th October, 2009 published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 12th October, 2009 had recommended
imposition of anti-dumping duty on all imports of subject goods from the subject
country 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 the
subject goods, vide, notification of the Government of India in the Ministry of
Finance (Department of Revenue), No. 127/2009-Customs, dated the 2nd December,
2009, published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-Section (i), dated the 2nd December, 2009, vide number G.S.R. 853 (E), dated
the 2nd December, 2009;
And whereas, M/s Gaoyao Marshal Ceramics Co. Ltd., China PR (producer)
through M/s Foshan Dihai Trading Development Co. Ltd., China PR (exporter) had
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 of the subject goods
made by them, and the designated authority, vide new shipper review notification
No. 15/38/2010-DGAD, dated 19th October, 2011, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 19th October, 2011, had
recommended provisional assessment of all exports of the subject goods made by
the above stated party when imported into India, till the completion of the
review by it;
And whereas, in exercise of the powers conferred by sub-rule (2) of rule 22
of the said rules, the Central Government, after considering the aforesaid
recommendation of the designated authority, vide, notification of the Government
of India in the Ministry of Finance (Department of Revenue),
notification No.
109/2011-Customs, dated the 15th December, 2011, published in the Gazette of
India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.
884 (E), dated the 15th December, 2011 had ordered that pending the outcome of
the said review by the designated authority, the subject goods, when exported by
M/s Gaoyao Marshal Ceramics Co. Ltd., China PR (producer) through M/s Foshan
Dihai Trading Development Co. Ltd., China PR (exporter) and imported into India,
shall be subjected to provisional assessment till the review is completed;
And whereas, the designated authority in the matter of new shipper review
initiated vide notification No. 15/38/2010-DGAD, dated 19th October, 2011,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated
the19th October, 2011, vide its final findings in notification No. No.
15/38/2010-DGAD dated the 2nd June, 2015, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 2nd June, 2015 has concluded that no
individual dumping margin is justified in respect of exports of the subject
goods made to India by M/s Gaoyao Marshal Ceramics Co. Ltd., China PR (producer)
through M/s Foshan Dihai Trading Development Co. Ltd., China PR (exporter) and
has accordingly recommended that, the exports of the subject goods made by M/s
Gaoyao Marshal Ceramics Co. Ltd., China PR (Producer) and M/s Foshan Dihai
Trading Development Co. Ltd., China PR (Exporter), during the period from the
date of initiation of the present new shipper review investigation recommending
provisional assessment, may be subjected to levy of anti-dumping duty as imposed
earlier on the imports of the subject goods, originating in or exported from
China PR, vide
Notification No. 127/2009-Customs, dated 2nd December, 2009.
Now, therefore, in exercise of the powers conferred by sub-section (1) of
section 9A of the Customs Tariff Act, read with rules 18, 20, 22 and 23 of the
said rules, the Central Government, hereby orders that all imports of the subject goods by M/s Gaoyao
Marshal Ceramics Co. Ltd., China PR (producer) through M/s Foshan Dihai Trading
Development Co. Ltd., China PR (exporter) which have been subjected to provisional
assessment pursuant to the notification of the Government of India in the
Ministry of Finance (Department of Revenue),
No. 109/2011-Customs, dated the 15th December, 2011, published in the
Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide
number G.S.R. 884 (E), dated the 15th December, 2011 shall be subjected to final
assessment on the payment of antidumping duty as imposed vide Notification of
the Government of India in the Ministry of
Finance (Department of Revenue),
No. 127/2009-Customs, dated the 2nd December,
2009, published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-Section (i), dated the 2nd December, 2009, vide number G.S.R. 853 (E), dated
the 2nd December, 2009.
[F. No. 354/ 117/2009-TRU] (Pt.-1)
(Anurag Sehgal)
Under Secretary to the Government of India
|