GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
New Delhi, dated the 15th December 2011
Notification No. 109/2011-Customs
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, vide 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, has come
to the conclusion that -
- the subject goods have been exported to India from the subject country
below its normal value;
- the domestic industry has suffered material injury; and
- the injury has been caused by the dumped imports from subject country,
and had recommended imposition of definitive anti-dumping duty on all imports of
the 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 Part II, Section 3, Sub-Section (i) of the Gazette of India,
Extraordinary, dated the 2nd December, 2009, [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) have 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 the19th October, 2011 , has recommended
provisional assessment of all exports of the subject goods made by the above
stated party till the completion of the review by it;
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, the subject goods, when originating in or exported
from China PR in respect of the producer through exporter 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 proper officer of customs 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 of subject goods when originating in or exported from China PR in
respect of the producer through exporter and imported into India, from the date
of initiation of the said review.
(Sanjeev Kumar Singh)
Under Secretary to the Government of India
[F. No. 354/ 117/2009-TRU] (Pt-1)