Cus Ntf No.50/2002 date 2/05/2002
Anti dumping duty on vitrified and porcelain tiles falling under heading 69.07 or 69.08G.S.R. (E).- WHEREAS in the matter of import of vitrified and porcelain tiles, other thanvitrified industrial tiles (hereinafter referred to as “the subject goods”), falling under heading 69.07 or69.08 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exportedfrom, the People’s Republic of China and United Arab Emirates (UAE), the Designated Authority videits preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rdDecember, 2001, has come to the conclusion that-
(a) the subject goods, originating in, or exported from, the People’s Republic of China and UnitedArab Emirates (UAE) (hereinafter referred to as “the subject countries”) have been exported toIndia 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 subject countries;
AND WHEREAS the Designated Authority has considered it necessary to impose anti-dumpingduty, provisionally, pending final determination, on all imports of the subject goods,originating in, or exported from, the subject countries;
AND WHEREAS Special Civil Application No. 11935 of 2001 was filed in the High Court ofGujarat at Ahmedabad challenging the aforesaid findings of the Designated Authority recommendingimposition of provisional anti-dumping duty on the subject goods;
AND WHEREAS the High Court of Gujarat at Ahmedabad, vide order dated the 9th January,2002, in Special Civil Application No. 11935 of 2001 with Civil Application No. 96 of 2002 and CivilApplication No. 148 of 2002, directed the Central Government to consider the representation of thepetitioner in accordance with law before issuing the notification of provisional duty and the intervenersshall also be given an opportunity to make a representation along with other parties;
AND WHEREAS the Central Government, after having considered at length the issues raisedin the representations of the petitioner and interveners and the comments of the Designated Authoritythereon, have come to the conclusion that there is no case for interfering with the aforesaid findings ofthe Designated Authority;
NOW, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of thesaid Customs Tariff Act, read with rules 13 and 20 of the Customs Tariff (Identification, Assessmentand Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules,1995, the Central Government, on the basis of the above findings of the Designated Authority, herebyimposes on vitrified or porcelain tiles, other than vitrified industrial tiles, falling under heading 69.07 or69.08 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, thePeople’s Republic of China or United Arab Emirates (UAE), when exported by any exporter orproducer, and imported into India, an anti-dumping duty at the rate which shall be calculated as thedifference between US $ 13.62 per square metre and the landed value of such imported subject goods inUS $ per square metre.
2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive ofthe 1st day of November, 2002, and shall be payable in Indian currency.
Explanation - For the purposes of this notification,-
(a) “landed value” means the assessable value as determined under the Customs Act, 1962 (52 of 1962)and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the saidCustoms Tariff Act;
(b) rate of exchange applicable for the purposes of calculation of anti-dumping duty shall be the ratewhich is specified in the notification of the Government of India in the Ministry of Finance (Departmentof 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 ofexchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.
(G.D.Lohani)
Under Secretary to the Government of India
F.No.354/214/2001-TRU
Presented by eximkey.com