CHAPTER 69
Ceramic products
NOTES:
1. This Chapter applies only to ceramic products which have been fired after shaping. Headings 6904 to 6914 apply only to such products other than those classifiable in headings 6901 to 6903.
2. This Chapter does not cover :
(a) products of heading 2844;
(b) articles of heading 6804;
(c) articles of Chapter 71 (for example, imitation jewellery);
(d) cermets of heading 8113;
(e) articles of Chapter 82;
(f) electrical insulators (heading 8546) or fittings of insulating material of heading 8547;
(g) artificial teeth (heading 9021);
(h) articles of Chapter 91 (for example, clocks and clock cases);
(ij) articles of Chapter 94 (for example, furniture, lamps and lighting fittings, prefabricated buildings);
(k) articles of Chapter 95 (for example, toys, games and sports requisites);
(l) articles of heading 9606 (for example, buttons) or of heading 9614 (for example, smoking pipes); or
(m) articles of Chapter 97 (for example, works of art).
ANTI DUMPING DUTY NOTIFICATIONS
Anti-dumping duty on vitrified and Porcelain tiles, other than vitrified industrial tiles originating in or exported from PR of China & UAE:
[Notfn. No. 73/03-Cus. dt. 1.5.2003 as amended by Notifn. No.80/04-Cus., dt.28.7.04]
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 (UAE) and imported into India, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd December, 2001, had come to the conclusion that -
(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, Subsection (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.
Table
| S. No. | Country / Territory | Producer / Exporters | Amount in US $ per Sq. Metre |
| (1) | (2) | (3) | (4) |
| 1. | People’s Republic of China | All exporters/ producers | 8.28 |
| 2. | UAE | M/s RAK Ceramics | 0.74 |
| All other exporters / producers | 5.54 |
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.
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.
[NOTE: Amendments made by Notification No.84/04-Cus. dt.28.7.04 are effective from 1.7.2003]
Anti-dumping duty on vitrified and porcelain tiles originating in or exported from PR China & U.A.E.
[Notfn. No.102/04-Cus, dt. 30.9.2004
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;
(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,the following parties, namely:-
(i) M/s Southern Building Marterials and Sanitary Co. Ltd., People’s Republic of China (producer) through M/s New Zhong Yuan Ceramics Imp. & Exp. Co. Ltd of Guangdong, People’s Republic of China ( exporter); and
(ii) Ms Heyuan Wanfeng Ceramics Co. Ltd, People’s Republic of China (producer) with M/s Foshan Lungo Ceramics Co. Ltd, People’s Republic of China (exporter) through M/s Enterprise Trading FZE, United Arab Emirates (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 notifications No. 15/15/2004-DGAD dated the 25th August, 2004 and No. 15/19/2004- DGAD dated the 25th August, 2004 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25th August, 2004 , 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, subject goods falling under headings 6907 or 6908 of the First Schedule to the said Customs Tariff Act, when-
(i) produced by M/s Southern Building Marterials and Sanitary Co. Ltd., People’s Republic of China and exported by M/s New Zhong Yuan Ceramics Imp. & Exp. Co. Ltd of Guangdong, People’s Republic of China
(ii) produced by Ms Heyuan Wanfeng Ceramics Co. Ltd, People’s Republic of China with M/s Foshan Lungo Ceramics Co. Ltd, People’s Republic of China and exported by M/s Enterprise Trading FZE, United Arab Emirates, 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 (i) M/s Southern Building Marterials and Sanitary Co. Ltd., People’s Republic of China (producer) through M/s New Zhong Yuan Ceramics Imp. & Exp. Co. Ltd of Guangdong, People’s Republic of China ( exporter) (ii) Ms Heyuan Wanfeng Ceramics Co. Ltd, People’s Republic of China (producer) with M/s Foshan Lungo Ceramics Co. Ltd, People’s Republic of China (exporter) through M/s Enterprise Trading FZE, United Arab Emirates (exporter), from the date of initiation of the said review.
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