No Anti-dumping Duty on Porcelain Tiles Exported by Shye International Hong Kong during 9 March 2007– 1 May 2008

Ntfn 87         Whereas in the matter of import of
16.07.2008   vitrified and porcelain tiles, other than
                     vitrified industrial tiles (hereinafter referred to as the subject goods), falling under headings 6907 or 6908 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 (hereinafter referred to as the subject countries) and imported into India, the designated authority in its final findings vide notification No. 37/1/2001-DGAD dated the 4th February, 2003, 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 India from the subject countries below its normal value resulting in dumping;

(b) the Indian industry had suffered material injury;

(c) the injury had been caused cumulatively by the imports from the subject countries; and

had considered it necessary to impose anti-dumping duty on all imports of the subject goods from the 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 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) vide number G.S.R. 376(E), dated the 1st May, 2003;

And whereas on the basis of a request made by M/s Foshan Nanhai Jing Yu Ceramics Ltd. Foshan China (also known as Bioma Ceramics), People’s Republic of China, producer and M/s Shye International, Hong Kong, exporters/shippers, 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 initiation notification No. 15/23/2007-DGAD, dated the 25th January, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25th January, 2007, had recommended provisional assessment of all exports of the subject goods made by the said M/s Foshan Nanhai Jing Yu Ceramics Ltd. Foshan China (also known as Bioma Ceramics), People’s Republic of China (producer) and M/s Shye International, Hong Kong (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. 39/2007-Customs, dated the 9th March, 2007, published in Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i) vide number G.S.R. 187(E), dated the 9th March, 2007 that pending the outcome of the said review by the designated authority, the subject goods, produced by M/s Foshan Nanhai Jing Yu Ceramics Ltd. Foshan China (also known as Bioma Ceramics), People’s Republic of China and exported by M/s Shye International, Hong Kong, when imported into India, shall be subjected to provisional assessment till the review is completed;

And whereas, the designated authority in its final findings vide notification No.15/23/2006-DGAD, dated the 14th February, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 21st May, 2008, has come to the following conclusions -

(i)  the producer, M/s Foshan Nanhai Jing Yu Ceramics Ltd. Foshan China (also known as Bioma Ceramics), People’s Republic of China and exporter M/s Shye International, Hong Kong have established themselves as new shipper of the subject goods to India and therefore, are eligible for separate dumping margins;

(ii) dumping margin of the vitrified porcelain tiles manufactured by M/s Foshan Nanhai Jing Yu Ceramics Ltd. Foshan China (also known as Bioma Ceramics), People’s Republic of China and exported by M/s Shye International, Hong Kong during the period review was found to be de minimis,

and has recommended that no anti-dumping duty be imposed on imports of said Vitrified or porcelain Tiles falling under Chapter 69 of the said Custom Tariff Act, produced by M/s Foshan Nanhai Jing Yu Ceramics Ltd. Foshan China (also known as Bioma Ceramics), People’s Republic of China and exported by M/s Shye International, Hong Kong.

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 notwithstanding anything contained in the notification No. 73/2003-Customs, dated the 1st May, 2003, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 376(E), dated the 1st May, 2003, no anti-dumping duty shall be imposed during the period from the 9th March, 2007 up to and inclusive of the 1st May, 2008, on the imports into India of the subject goods falling under Chapter 69 of the First Schedule to the said Customs Tariff Act, produced by M/s Foshan Nanhai Jing Yu Ceramics Ltd. Foshan China (also known as Bioma Ceramics), People’s Republic of China and exported by M/s Shye International, Hong Kong.

[F.No.354/214/2001-TRU (Pt.I)]