Foshan Sanshui and Heyuan China Lose in New Shipper Review in Porcelain Tiles Case – Final Duty in 2008 Notification to Apply with Retrospective Effect

[Customs Notification No. 24 (ADD) dated 7^th June 2016]

Seeks to finalize provisional assessments of all imports of Vitrified/Porcelain tiles, originating in or exported from China PR which have been subjected to provisional assessment pursuant to the notification No. 35/2012-Customs (ADD), dated the 10th July, 2012.

Whereas, in the matter of import of Vitrified/Porcelain tiles (hereinafter referred to as the subject goods), falling under heading 6907, 6908 or 6914 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. 15/17/2006-DGAD, dated the 21^st April, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 23rd April, 2008, subsequently amended vide notification No. 15/17/2006-DGAD, dated the 21st May, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 21st May, 2008, 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. 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. Foshan Sanshui Romantic Ceramics Co Limited, China PR (Producer-1); Heyuan Romantic Ceramics Company Limited, China PR (Producer-2); Foshan Beyond Import and Export Company Limited, China PR (Shipper) and Thai Impex Malaysia SDN BHD, Malaysia (Exporter) [hereinafter referred to as the NSR applicants] 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 (hereinafter referred to as the said rules), in respect of exports of the subject goods made by them, and the designated authority vide new shipper review notification No. 15/25/2011-DGAD, dated 18th May, 2012, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 18th May, 2012, had recommended provisional assessment of all exports of the subject goods by M/s. Foshan Sanshui Romantic Ceramics Co Limited, China PR (Producer-1); Heyuan Romantic Ceramics Company Limited, China PR (Producer-2); Foshan Beyond Import and Export Company Limited, China PR (Shipper) and Thai Impex Malaysia SDN BHD, Malaysia (Exporter) 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. 35/2012-Customs (ADD), dated the 10th July, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Subsection (i) vide number G.S.R. 551 (E), dated the 10th July, 2012 had ordered that pending the outcome of the said review by the designated authority, the subject goods, when exported by M/s. Foshan Sanshui Romantic Ceramics Co Limited, China PR (Producer- 1); Heyuan Romantic Ceramics Company Limited, China PR (Producer-2); Foshan Beyond Import and Export Company Limited, China PR (Shipper) and Thai Impex Malaysia SDN BHD, Malaysia (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. 15/25/2011-DGAD, dated 18th May, 2012, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 18th May, 2012 vide its final findings in notification No. 15/25/2011-DGAD, dated 28th March, 2016, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28th March, 2016 has concluded that no individual dumping margin is justified in respect of exports of the subject goods to India by M/s. Foshan Sanshui Romantic Ceramics Co Limited, China PR (Producer-1); Heyuan Romantic Ceramics Company Limited, China PR (Producer-2); Foshan Beyond Import and Export Company Limited, China PR (Shipper) and Thai Impex Malaysia SDN BHD, Malaysia (Exporter) and has accordingly recommended that the exports of the subject goods by M/s. Foshan Sanshui Romantic Ceramics Co Limited, China PR (Producer-1); Heyuan Romantic Ceramics Company Limited, China PR (Producer-2); Foshan Beyond Import and Export Company Limited, China PR (Shipper) and Thai Impex Malaysia SDN BHD, Malaysia (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. 82/2008-Customs, dated the 27th June, 2008;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the Customs Tariff Act, 1975read with rules 18, 20, 22 and 23 of the said rules, the Central Government, hereby orders that all imports of the subject goods produced by M/s Foshan Sanshui Romantic Ceramics Co Limited, China PR (Producer-1), and Heyuan Romantic Ceramics Company Limited, China PR (Producer-2) and exported by Foshan Beyond Import and Export Company Limited, China PR (Shipper) and Thai Impex Malaysia SDN BHD, Malaysia (Exporter) to India, 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. 35/2012-Customs (ADD), dated the 10th July, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Subsection (i) vide number G.S.R. 551 (E), dated the 10th July, 2012 shall be subjected to final assessment on the payment of anti-dumping duty as imposed 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.

[F. No. 354/214/2001 –TRU (Pt. V)]