Ceramic Glazed Tiles from China – Final Findings

[Customs Notification No. 127 dated 2nd December 2009]

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, in its preliminary findings vide notification No. 14/16/2008-DGAD, dated the 22nd April, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27th April, 2009 had come to the conclusion that –

(a) the subject goods had been exported to India from the subject country below its normal value;

(b) the domestic industry had suffered material injury;

(c) the injury had been caused by the dumped imports from subject country,

and had recommended imposition of provisional anti-dumping duty on all imports of subject goods originating in, or exported from, the subject country;

And whereas on the basis of the aforesaid preliminary findings of the designated authority, the Central Government has imposed an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 62/2009-Customs, dated the 15th June, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 418(E), dated the 15th June, 2009;

And whereas 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 -

(a) the subject goods have been exported to India from the subject country below its normal value;

(b) the domestic industry has suffered material injury;

(c) the injury has been caused by the dumped imports from subject country,

and has recommended imposition of definitive anti-dumping duty on all imports of subject goods from the subject country in order to remove the injury to the domestic industry;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with rules 18 and 20 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 of the designated authority, hereby imposes on the imports into India of goods falling under tariff item of the First Schedule to the said Customs Tariff Act as specified in column(2) of the Table below, the description of which is specified in corresponding entry in column(3), the specification of which is specified in corresponding entry in column(4), originating in the country specified in corresponding entry in column(5), exported from the country specified in the corresponding entry in column(6), produced by the producers specified in the corresponding entry in column(7) and exported by the exporters specified in the corresponding entry in column(8), an anti-dumping duty at the rate equal to the amount specified in the corresponding entry in column(9) and as per the unit of measurement specified in the corresponding entry in column (10) and payable in the currency specified in the corresponding entry in column(11) and of the said Table.

Table

S.No.	Tariff Item	Description of Goods	Specification	Country of origin	Country of Export	Producer	Exporter	Duty Amount	Unit of Measure-ment	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1	6908 9090	Ceramic Glazed tiles other than vitrified tiles	Ceramic Glazed 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.	China PR	China PR	Foshan Bailifeng Building Materials Co. Ltd. (formerly known as Foshan New Zhong Yuan Ceramics Co. Ltd.)	Foshan Lungo Ceramics Co. Ltd.	Nil	SQM	Rupees
							Foshan Sandebo Ceramics Co. Ltd.
							New Zhong Yuan Ceramics Import & Export Co. Ltd. of Guangdong
							Foshan Xinnanyue Building Ceramics Co., Ltd.
							Foshan Xinyue Ceramics Co., Ltd.
2	-do-	-do-	-do-	China PR	China PR	Sichuan New Zhong Yuan Ceramics Co. Ltd.	Sichuan New Zhong Yuan Ceramics Co. Ltd.	Nil	SQM	Rupees
3	-do-	-do-	-do-	China PR	China PR	Guangdong Winto Ceramic Co. Ltd.	Guangdong Winto Ceramic Co. Ltd.	Nil	SQM	Rupees
4	-do-	-do-	-do-	China PR	China PR	Foshan Sanshui Newpearl Building Ceramics Industrial Co., Ltd. or Foshan Sanshui Summit Ceramics Co. Ltd.	Foshan Newpearl Trade Co. Ltd.	Nil	SQM	Rupees
5	-do-	-do-	-do-	China PR	China PR	Any other than combination at S. No. 1 to 4 above		137/-	SQM	Rupees
6	-do-	-do-	-do-	China PR	Any other than China PR	Any	Any	137/-	SQM	Rupees
7	-do-	-do-	-do-	Any other than China PR	China PR	Any	Any	137/-	SQM	Rupees

[F. No.354/117/2009-TRU]