(a) the subject goods, originating in, or exported from, the People’s Republic of China and United Arab Emirates (UAE) and imported into India (hereinafter referred to as “the subject countries”) have been exported to India below normal value, resulting in dumping;

(b) the Indian industry has suffered material injury;

(c ) the injury has been caused cumulatively by the imports from the People’s Republic of China and United Arab Emirates (UAE); and had considered it necessary to impose anti-dumping duty, provisionally, pending final determination, on all imports of subject goods originating in or exported from the subject countries;

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 50/2002-Customs, dated the 2nd May, 2002, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 2nd May, 2002 vide No. G.S.R. 316(E), dated the 2nd May, 2002;

AND WHEREAS, the designated authority, vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 5th February, 2003, has come to the conclusion that-

(a) Vitrified/Porcelain Tiles have been exported to India from UAE and the People’s Republic of China 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

has considered it necessary to impose definitive anti-dumping duty, on all imports of vitrified/porcelain tiles from the subject countries in order to remove the injury to the domestic industry;

NOW, therefore, in exercise of the powers conferred by sub-section (5) read with 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 vitrified and porcelain tiles, other than vitrified industrial tiles, falling under chapter 69 of the First Schedule to the Customs Tariff Act, originating in, or exported from, the country or territory specified in column (2) of the Table given below, when exported by producers/exporters specified in column (3) of the said Table, and imported into India, an anti-dumping duty which is equal to the amount specified in the corresponding entry in column (4) of the said Table.

 

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 2nd May, 2002, and shall be payable in Indian currency. 

Provided that no anti-dumping duty shall be imposed on the imports into India of subject goods falling under chapter 69 of the First Schedule to the said Customs Tariff Act, produced by M/s. Nanhai Shagyuan Oulian Construction Ceramic Co. Ltd., China PR (now known as M/s. Foshan Changcheng Oulian Construction Ceramic Ltd., China PR) and exported by M/s. Prestige General Trading, Dubai, UAE

Provided further that no anti-dumping duty shall be imposed on the imports into India of subject goods falling under chapter 69 of the First Schedule to the said Customs tariff Act, produced by M/s Southern Building Materials and Sanitary Co. Ltd., Qingyan City, People’s Republic of China and exported by M/s New Zhong Yuan Ceramics Import & Export Co. Ltd., Guangdong, People’s Republic of China.

Explanation. - For the purposes of this notification, “rate of exchange” applicable for the purposes of calculation of anti-dumping duty shall be the rate which is specified in the notification of the Government of India in the Ministry of Finance and Company Affairs (Department of Revenue), issued from time to time, in exercise of the powers under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act, and the relevant date for the determination of the “rate of exchange” shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.

1 Inserted vide Notification No. 95/2006-Cus Dated 8/9/2006