Porcelain Tiles from China – New Shippers Review for Foshan China
Ntfn 134 Whereas in the matter of imports
22.12.2008 of vitrified and porcelain tiles, other
than vitrified industrial
tiles (hereinafter referred to as the ‘subject goods’), falling under headings
6907 or 6908 or 6914 of the First Schedule to the Customs Tariff Act, 1975 (51
of 1975), originating in or exported from the People’s Republic of China (China
PR) and United Arab Emirates (UAE) [hereinafter referred to as the subject
countries] and imported into India, the designated authority in its sunset
review final findings No.15/17/2006-DGAD, dated 21st April, 2008, published in
the Gazette of India, Extraordinary, Part I, Section 1, dated the 23rd April,
2008, had inter alia come to the conclusion that –
(i) there was no
dumping taking place from UAE;
(ii) the subject goods
were likely to enter Indian market at dumped prices from China PR, should the
present measures be withdrawn;
(iii) in spite of the
anti-dumping measures in place, there existed significant current injury to the
domestic industry. 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 recommend continued 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 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. 82/2008-Customs, dated the 27th June, 2008,
published in Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.485(E) of the
same date;
And whereas, M/s Foshan Lihua Ceramics Co. Ltd.,
China PR (producer), M/s Foshan Henry Trading Company,
China PR (exporter) through M/s Anjaneya Trading PTE
Ltd., Singapore (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 made by them, and the designated authority vide new shipper review
notification No. 15/23/2008-DGAD, dated the 11th November, 2008,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
11th November, 2008, had recommended provisional assessment of all
exports of the subject goods made by the said M/s Foshan
Lihua Ceramics Co. Ltd., China PR (producer), M/s Foshan Henry Trading Company, China PR (exporter) through
M/s Anjaneya Trading PTE Ltd., Singapore (exporter)
till the completion of the new shipper 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 new shipper review by the designated authority, vitrified
and porcelain tiles, other than vitrified industrial tiles, falling under
headings 6907 or 6908 or 6914 of the First Schedule to the said Customs Tariff
Act, produced
by M/s Foshan Lihua
Ceramics Co. Ltd., China PR and exported by M/s Foshan
Henry Trading Company, China PR through M/s Anjaneya
Trading PTE Ltd., Singapore, when imported into India, shall be subjected to
provisional assessment till the new shipper review is completed.
2. 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.
3. If the designated
authority recommends anti-dumping duty after completion of the said new shipper
review, the importer shall be liable to pay the amount of such anti-dumping
duty imposed on all imports into India of the subject goods from M/s Foshan Lihua Ceramics Co. Ltd.,
China PR (producer) and M/s Foshan Henry Trading
Company, China PR (exporter) through M/s Anjaneya
Trading PTE Ltd., Singapore (exporter), from the date of initiation of the said
new shipper review.
[F. No. 354/214/2001-TRU (Pt.III)]