Anti-dumping Review on Foshan Dihai Trading in Ceramic Glazed Tiles Case

Provisional Assessment on Import Clearance without Duty Ordered

[Customs Notification No. 109 dated 15^th December 2011]

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, 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 -

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

(ii) the domestic industry has suffered material injury; and

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

and had recommended imposition of definitive anti-dumping duty on all imports of the 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), No127/2009-Customs, dated the 2^nd December, 2009, published in Part II, Section 3, Sub-Section (i) of the Gazette of India, Extraordinary, dated the 2^nd December, 2009, [G.S.R. 853 (E), dated the 2^nd December, 2009];

And whereas, M/s Gaoyao Marshal Ceramics Co. Ltd China PR (producer) through M/s Foshan Dihai Trading Development Co. Ltd.-China PR (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 of the subject goods made by them, and the designated authority, vide new shipper review notification No. 15/38/2010-DGAD, dated 19th October, 2011, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the19th October, 2011 , has recommended provisional assessment of all exports of the subject goods made by the above stated party till the completion of the review by it;

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 review by the designated authority, the subject goods, when originating in or exported from China PR in respect of the producer through exporter and imported into India, shall be subjected to provisional assessment till the review is completed.

2. The provisional assessment may be subject to such security or guarantee as the proper officer of customs 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. In case of recommendation of anti-dumping duty after completion of the said review by the designated authority, the importer shall be liable to pay the amount of such anti-dumping duty recommended on review and imposed on all imports of subject goods when originating in or exported from China PR in respect of the producer through exporter and imported into India, from the date of initiation of the said review.

[F. No. 354/ 117/2009-TRU] (Pt-1)