Foshan Z&D
Out of Tiles Anti-dumping Net
[Customs Notification No. 53 dated (ADD) dated 14th
December 2012]
Whereas, in the matter of import of Vitrified
Porcelain 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)
(hereinafter referred to as the Customs Tariff Act) and 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), the
designated authority, vide its final
findings in notification No.37/1/2001-DGAD, dated the 5th February,
2003 in the original anti-dumping case published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 5th February, 2003 had
come to the conclusion that—
(i) Vitrified Porcelain Tiles have been exported to India from UAE and
China PR below its normal value resulting in dumping;
(ii) the Indian industry has suffered material injury;
(iii) the injury has been caused cumulatively by the
imports from the subject countries,
and had recommended to impose anti-dumping duty on all imports of
Vitrified Porcelain Tiles from subject countries 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 subject goods falling under Chapter 69 of the First Schedule to the
Customs Tariff Act, originating in, or exported from the subject countries and
imported into India, 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 Part
II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number
G.S.R. 376(E), dated the 1st May, 2003;
And whereas, in the matter of sunset review of anti-dumping duty on
import of the subject goods, originating in, or exported from the subject
countries, the designated authority vide its findings, No.
15/17/2006-DGAD, 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, had come to the conclusion that –
(i) there is no
dumping taking place from UAE;
(ii) the subject
goods are 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 exists significant current injury
to the domestic industry. There is also no evidence on record to suggest that
dumping or the injury to the domestic industry would cease to exist or is not
likely to recur in case the anti-dumping duties are discontinued,
and had recommended
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 subject goods falling under heading 6907 or
6908 or 6914 of the First Schedule to the Customs Tariff Act, originating in,
or exported from China PR and imported into India 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 Part II,
Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number
G.S.R. 485(E), dated the 27th June, 2008;
And
whereas, on the basis of a request made by M/s. Jiangxi Zhengda Ceramics Co.
Ltd.- China PR (producer) and exported through M/s Foshan Z&D Ceramics
Ltd.- China PR (exporter) 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, the designated authority, vide new shipper review
notification No. 15/29/2010-DGAD, dated the 21st February, 2011,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
21st February, 2011, had recommended provisional assessment of all
exports of the subject goods made by M/s. Jiangxi Zhengda Ceramics Co. Ltd.-
China PR (producer) and exported through M/s Foshan Z&D Ceramics Ltd.-
China PR (exporter), till the completion of the
review by the designated authority;
And whereas, on the basis of
the aforesaid recommendation of the designated authority, the Central
Government had ordered, vide notification of the Government of India in the
Ministry of Finance (Department of Revenue), No. 41/2011-Customs, dated the 23rd
May, 2011, published in Part II, Section 3, Sub-Section (i) of the Gazette of
India, Extraordinary, dated the 23rd May, 2011, vide number
G.S.R.395 (E), dated the 23rd May, 2011 that, pending the outcome of the said review by
the designated authority, the subject goods, produced by M/s. Jiangxi Zhengda Ceramics Co. Ltd.-
China PR (producer) and exported through M/s Foshan Z&D Ceramics Ltd.-
China PR (exporter), when imported into India, shall be subjected to provisional assessment till the review is
completed;
And
whereas, the designated authority, vide
its final findings No.15/29/2010-DGAD, dated the 28th September,
2012, published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 28th September, 2012, has come to the conclusions that-
(i) the producer M/s. Jiangxi Zhengda Ceramics
Co. Ltd.- China PR (producer) and exporter M/s Foshan Z&D Ceramics
Ltd.-China PR have established themselves as new shipper of the subject goods
to India and therefore, are eligible for individual dumping margin;
(ii) dumping margin of vitrified porcelain tiles
manufactured by M/s. Jiangxi Zhengda Ceramics Co. Ltd.-China PR (producer) and
supplied to M/s Foshan Z&D Ceramics Ltd.-China PR (Exporter) and
subsequently exported to India by routing the same through during the period of
review was found to be negative,
and has recommended that no
anti-dumping duty be imposed or levied on imports of vitrified porcelain tiles
falling under chapter 69 of the First Schedule to the Customs Tariff Act 1975 produced by M/s.
Jiangxi Zhengda Ceramics Co. Ltd.-China PR (producer), and supplied to M/s
Foshan Z&D Ceramics Ltd.-China PR. (Exporter) and subsequently exported to
India by it.
Now, therefore, in exercise
of the powers conferred by sub-sections (1) and (5) of section 9A of the
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 makes the following
further amendments in the 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 Part II, Section 3, Sub-section (i) of the Gazette
of India, Extraordinary, vide number G.S.R. 485(E), dated the 27th
June, 2008, namely:-
In
the said notification, after the third proviso, the following proviso shall be
inserted, namely: -
“Provided also that no anti-dumping duty shall be imposed on the imports
into India of the subject goods
produced by M/s. Jiangxi
Zhengda Ceramics Co. Ltd.-China PR, and exported by M/s
Foshan Z&D Ceramics Ltd.- China PR.”
2. This notification shall be effective
from the date of issue of the notification ordering provisional assessment,
that is, the 23rd May, 2011.
[F.No.354/214/2001-TRU (Pt.4)]