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Notification No.52/2009 - 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 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 –
(a) the subject goods had been exported to
(b) the Indian industry had suffered material injury;
(c) the injury had been caused cumulatively by the imports from the People’s Republic of
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 the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 1st May, 2003, vide G.S.R. 376(E), dated the 1st May, 2003;
And whereas, in the sunset review investigation of the aforesaid anti-dumping duty 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 –
(a) there was no dumping taking place from
(b) the subject goods were likely to enter Indian market at dumped prices from China PR, should the present measures be withdrawn;
(c) in spite of the anti-dumping 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 sunset review findings of the designated authority, the Central Government has imposed anti-dumping duty at the revised rates 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, M/s Guangdong Monalisa Ceramic Co. Ltd., People’s Republic of China (Producer) and M/s Foshan Monalisa Industry Co. Ltd., People’s Republic of China (Exporter) through M/s Ava Corp., Hong Kong (Exporter) (jointly referred to as “the subject parties”) had requested for review in terms of rule 22 of the Customs Tariff (Identification, Assessment and Collection of Antidumping 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. 15/10/2006-DGAD, dated the 31st January, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 31st January, 2007, recommended provisional assessment of all exports of the subject goods made by the subject parties till the completion of the review;
And whereas, on the basis of the aforesaid recommendation of the designated authority, the Central Government has issued notification No. 38/2007-Customs, dated the 9th March, 2007, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 186 (E), dated the 9th March, 2007 as amended by notification No. 60/2007-Customs, dated the 30th April, 2007, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 317(E), dated the 30th April, 2007 ordering that pending the outcome of the said review by the designated authority the subject goods exported by the subject parties, when imported into India, shall be subjected to provisional assessment till the review is completed;
And whereas, the designated authority has completed the New Shipper Review and in its final findings vide Notification No.15/10/2006-DGAD, dated the 27th February, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd March, 2009 has come to the conclusion that export price of subject goods to India from the subject parties is above its normal value during the period of investigation and has recommended that no anti-dumping duty be imposed on imports of subject goods from M/s Guangdong Monalisa Ceramic Co. Ltd., People’s Republic of China (Producer) and M/s Foshan Monalisa Industry Co. Ltd., People’s Republic of China (Exporter) through M/s Ava Corp., Hong Kong (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 orders that -
(i) notwithstanding anything contained in the notification No. 73/2003-Customs, dated the 1st May, 2003, no anti-dumping duty shall be imposed on the imports into India of the subject goods from M/s Guangdong Monalisa Ceramic Co. Ltd., People’s Republic of China (Producer) and M/s Foshan Monalisa Industry Co. Ltd., People’s Republic of China (Exporter) through M/s Ava Corp., Hong Kong (Exporter), during the period from the 9th March, 2007 till the supersession of the said notification by the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 82/2008-Customs, dated the 27th June, 2008;
(ii) the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 82/2008-Customs, dated the 27th June, 2008, shall be further amended as follows, namely :-
In the said notification, in the opening paragraph, after the proviso, the following proviso shall be inserted with effect from the 27th June, 2008, namely: -
“Provided that no anti-dumping duty shall be imposed on the imports into India of the subject goods from M/s Guangdong Monalisa Ceramic Co. Ltd., People’s Republic of China (Producer) and M/s Foshan Monalisa Industry Co. Ltd., People’s Republic of China (Exporter) through M/s Ava Corp., Hong Kong (Exporter).”
[F.No.354/75/2009-TRU]
(Unmesh Wagh)
Under Secretary to the Government of 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 and was last amended by notification No. 94/2008-Customs, dated the 1st August, 2008, which was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.570(E), dated the 1st August, 2008.
Notification No.52/2009 - 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 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 –
(a) the subject goods had been exported to
(b) the Indian industry had suffered material injury;
(c) the injury had been caused cumulatively by the imports from the People’s Republic of
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 the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 1st May, 2003, vide G.S.R. 376(E), dated the 1st May, 2003;
And whereas, in the sunset review investigation of the aforesaid anti-dumping duty 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 –
(a) there was no dumping taking place from
(b) the subject goods were likely to enter Indian market at dumped prices from China PR, should the present measures be withdrawn;
(c) in spite of the anti-dumping 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 sunset review findings of the designated authority, the Central Government has imposed anti-dumping duty at the revised rates 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, M/s Guangdong Monalisa Ceramic Co. Ltd., People’s Republic of China (Producer) and M/s Foshan Monalisa Industry Co. Ltd., People’s Republic of China (Exporter) through M/s Ava Corp., Hong Kong (Exporter) (jointly referred to as “the subject parties”) had requested for review in terms of rule 22 of the Customs Tariff (Identification, Assessment and Collection of Antidumping 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. 15/10/2006-DGAD, dated the 31st January, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 31st January, 2007, recommended provisional assessment of all exports of the subject goods made by the subject parties till the completion of the review;
And whereas, on the basis of the aforesaid recommendation of the designated authority, the Central Government has issued notification No. 38/2007-Customs, dated the 9th March, 2007, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 186 (E), dated the 9th March, 2007 as amended by notification No. 60/2007-Customs, dated the 30th April, 2007, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 317(E), dated the 30th April, 2007 ordering that pending the outcome of the said review by the designated authority the subject goods exported by the subject parties, when imported into India, shall be subjected to provisional assessment till the review is completed;
And whereas, the designated authority has completed the New Shipper Review and in its final findings vide Notification No.15/10/2006-DGAD, dated the 27th February, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd March, 2009 has come to the conclusion that export price of subject goods to India from the subject parties is above its normal value during the period of investigation and has recommended that no anti-dumping duty be imposed on imports of subject goods from M/s Guangdong Monalisa Ceramic Co. Ltd., People’s Republic of China (Producer) and M/s Foshan Monalisa Industry Co. Ltd., People’s Republic of China (Exporter) through M/s Ava Corp., Hong Kong (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 orders that -
(i) notwithstanding anything contained in the notification No. 73/2003-Customs, dated the 1st May, 2003, no anti-dumping duty shall be imposed on the imports into India of the subject goods from M/s Guangdong Monalisa Ceramic Co. Ltd., People’s Republic of China (Producer) and M/s Foshan Monalisa Industry Co. Ltd., People’s Republic of China (Exporter) through M/s Ava Corp., Hong Kong (Exporter), during the period from the 9th March, 2007 till the supersession of the said notification by the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 82/2008-Customs, dated the 27th June, 2008;
(ii) the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 82/2008-Customs, dated the 27th June, 2008, shall be further amended as follows, namely :-
In the said notification, in the opening paragraph, after the proviso, the following proviso shall be inserted with effect from the 27th June, 2008, namely: -
“Provided that no anti-dumping duty shall be imposed on the imports into India of the subject goods from M/s Guangdong Monalisa Ceramic Co. Ltd., People’s Republic of China (Producer) and M/s Foshan Monalisa Industry Co. Ltd., People’s Republic of China (Exporter) through M/s Ava Corp., Hong Kong (Exporter).”
[F.No.354/75/2009-TRU]
(Unmesh Wagh)
Under Secretary to the Government of 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 and was last amended by notification No. 94/2008-Customs, dated the 1st August, 2008, which was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.570(E), dated the 1st August, 2008.
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