[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

New Delhi, dated the 9th March, 2007

NOTIFICATION No. 39/2007-CUSTOMS

G.S.R.      (E).-  WHEREAS  in the matter of import of vitrified and porcelain tiles, other than vitrified industrial 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), originating in, or exported from, the People’s Republic of China and United Arab Emirates (UAE) (hereinafter referred to as “the subject countries”) and imported into India, the designated authority vide its final findings, 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 have 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 Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 1st May, 2003 vide number G.S.R. 376(E), dated the 1st May, 2003;

And whereas, M/s Foshan Nanhai Jingyu Ceramics Company Ltd., known as Bioama Ceramics, People’s Republic of China, producer with M/s Shye International Ltd., Hong Kong as 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 made by them, and the designated authority, vide new shipper review 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, has  recommended provisional assessment of all exports of the subject goods made by the said M/s Foshan Nanhai Jingyu Ceramics Company Ltd., known as Bioama Ceramics, the People’s Republic of China, producer with M/s Shye International Ltd., Hong Kong as exporter 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, vitrified and porcelain tiles, other than vitrified industrial tiles, falling under chapter 69 of the First Schedule to the said Customs Tariff Act, produced by M/s Foshan Nanhai Jingyu Ceramics Company Ltd., known as Bioama Ceramics, the People’s Republic of China, with M/s Shye International Ltd., Hong Kong as exporter, when 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 Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, 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 into India of the subject goods from M/s Foshan Nanhai Jingyu Ceramics Company Ltd., known as Bioama Ceramics, the People’s Republic of China, producer with M/s Shye International Ltd., Hong Kong as exporter, from the date of initiation of the said review.

[F. No. 354/ 214 /2001-TRU]

(S.Bajaj)

Under Secretary to the Government of India

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