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

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

16th November, 2005

Notification No. 96/2005-Custom

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 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 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 subject countries below its normal value resulting in dumping;

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(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 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 [G.S.R. 376(E), dated the 1st May, 2003];

And whereas, M/s Guangdong Newpearl Ceramics Group Co. Ltd., China P.R. (producer) along with M/s Foshan Newpearl Trade Co. Ltd., China P.R. (exporter) has 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. 15/3/2005-DGAD dated 25th August 2005 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25th August 2005, has  recommended provisional assessment of all exports of the subject goods made by the above stated parties 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 falling under headings 6907 or 6908 of the First Schedule to the said Customs Tariff Act, when produced by M/s Guangdong Newpearl Ceramics Group Co. Ltd., People’s Republic of China and exported by M/s Foshan Newpearl Trade Co. Ltd., People’s Republic of China 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 into India from M/s Guangdong Newpearl Ceramics Group Co. Ltd., China P.R. (producer) along with M/s Foshan Newpearl Trade Co. Ltd., China P.R. (exporter), from the date of initiation of the said review.

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

(Ajay)

Under Secretary to the Government of India

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