Notification No. 127/2009 – Customs, New Delhi, the 2nd December, 2009
G.S.R.(E).- 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, in its preliminary findings vide notification No. 14/16/2008-DGAD, dated the 22nd April, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27th April, 2009 had come to the conclusion that –
(a) the subject goods had been exported to India from the subject country below its normal value;
(b) the domestic industry had suffered material injury;
(c) the injury had been caused by the dumped imports from subject country, and had recommended imposition of provisional anti-dumping duty on all imports of subject goods originating in, or exported from, the subject country;
And whereas on the basis of the aforesaid preliminary findings of the designated authority, the Central Government has imposed an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 62/2009-Customs, dated the 15th June, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 418(E), dated the 15th June, 2009;
And whereas 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 –
(a) the subject goods have been exported to India from the subject country below its normal value;
(b) the domestic industry has suffered material injury;
(c) the injury has been caused by the dumped imports from subject country, and has recommended imposition of definitive anti-dumping duty on all imports of subject goods from the subject country in order to remove the injury to the domestic industry;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with rules 18 and 20 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 of the designated authority, hereby imposes on the imports into India of goods falling under tariff item of the First Schedule to the said Customs Tariff Act as specified in column(2) of the Table below, the description of which is specified in corresponding entry in column(3), the specification of which is specified in corresponding entry in column(4), originating in the country specified in corresponding entry in column(5), exported from the country specified in the corresponding entry in column(6), produced by the producers specified in the corresponding entry in column(7) and exported by the exporters specified in the corresponding entry in column(8), an anti-dumping duty at the rate equal to the amount specified in the corresponding entry in column(9) and as per the unit of measurement specified in the corresponding entry in column (10) and payable in the currency specified in the corresponding entry in column(11) and of the said Table.
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty i.e. the 15th June, 2009.
[F. No.354/117/2009-TRU]
(Prashant Kumar)
Under Secretary to the Government of India
