NOTIFICATION NO. 37/1/2001-DGAD DATE 12/01/2003
New Shipper Review of Anti-Dumping duty imposed on imports of Vitrified/Procelain Tiles requested by M/s.Nanhai Shangyuan Oulian Construction Ceramics Co. Ltd. China (Producer) and M/s General Trading, Dubai, UAE (Exporter)

Having regard to the Customs Tariff Act 1975 as amended in 1995 and the Customs Tariff (Identification, Assessment grid Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, thereof.

A. PROCEDURE

1. The procedure described below has been followed with regard to the investigations:

(i) The Designated Authority (hereinafter also referred to as Authority) under the above Rules, received a written request from M/s. Nanhai Shangyuan Oulian Construction Ceramics Co. Ltd., China; producer with M/s Prestige General Trading, Dubai, UAE as the exporter (hereinafter referred to as Petitioner) requesting for a review of anti dumping duties imposed on Vitrified/Porcelain Tiles(hereinafter referred to as subject goods) from PR China and UAE(hereinafter referred to as subject countries) in the earlier case of an Anti-Dumping investigation where the Government has notified the Anti-Dumping duty vide Notification No. 50/2002-Customs dated 2.5.2002 falling under Chapter 69 of Customs Tariff Act. The Authority had notified the preliminary findings vide Notification No.37/1/2001-DGAD dated 3rd December, 2001 and thereafter the Anti-Dumping duty were imposed by the Central Government on the basis of the preliminary findings vide Notification No.50/2002-Customs dated 2nd May, 2002.

(ii) The Authority as per Rule 22 of the Anti Dumping Rules initiated the review investigation regarding imports of the subject goods from the subject countries.

(iii) The Authority issued a public notice dated 20th September, 2002 published in the Gazette of India, Extraordinary, initiating Anti-Dumping investigations concerning the review of Anti Dumping Duties for the petitioner for imports of the subject goods classified under Chapter 69 of the Customs Tariff (Amendment) Act, 1995 originating in or exported from the subject countries;

(iv) The Authority forwarded a copy of the public notice to the Domestic Industry and gave them an opportunity to make their views known in writing within forty days from the date of the letter in accordance with the Rule 6(2);

(v) The Authority forwarded a copy of the public notice to the known exporters (whose details were made available by the petitioner and were available during the course of the original investigation. initiated on 6.8.2041) and gave them an opportunity to make their views known in writing within forty days from the date of the letter in accordance with the Rule 6(2);

(vi) The Authority forwarded a copy of the public notice to all the known importers of subject goods and advised them to make their views known in writing within forty days from the date of issue of the letter in accordance with the Rule 6(2);

(vii) The Authority sent a questionnaire to elicit the relevant information to the petitioner in accordance with the Rule 6(4):

(viii) The Embassies of the subject countries in New Delhi were informed about the initiation of the investigation in accordance with Rule 6(2) with a request to advise all the concerned exporters/producers from their country to respond to the Initiation Notification within the prescribed time. A copy of the letter and initiation notification sent to the known exporters was also sent to the Embassies of the subject countries along with a list of known exporters/producers;

(ix) A questionnaire was sent to the following importers of the subject goods for necessary information in accordance with rule 6(4);

• M/s Trishla Distributor, Chennai
  
  
• Ws Fortune Enterprises, Chennai
  
  
• M/s Bharat Marble, Kolkata
  
  
• M/s NITCO Tiles, Mumbai
  
  
• M/s Kent Ceramics Tiles & Co. Pvt. Ltd., Chennai
  
  
• M/s Builders Association of India, Mumbai
  
  
• M/s Aries Travels Pvt. Ltd.
  
  
• M/s Safaal Wasel Exim(P) Ltd., Kerala
  
  
• M/s Kajaria Plus Ltd., New Delhi
  
  
• Maharashtra Chamber of Housing Society, Mumbai
  
  
• Chairman-Housing & Public Works Committee, Federation House, New Delhi
  
  
• Architect Hafeez Contractor, Mumbai
  
  
• M/s Surfaces +, Ahmedabad

(x) Submissions in response to the Initiation Notification was made by M/s Kent Ceramics Chennai and the petitioner. A clarification on the representation filed by M/s Murudeshwar Ceramics Limited, Hubli with the Central Government was also sought by the Central Government.

(xi) The Authority forwarded its recommendations made under Rule 22 to the Central Government to consider the same in accordance with the Customs Tariff Act, 1975.

(xii) Vide letter dated 11th December, 2002, the Central, Government has informed that the exemption from the anti dumping duty levied under Section 9A(2) of the Customs Tariff Act on imports of the subject goods is not admissible to the exporters/producers for whom the review has been initiated under the Rule 22 of Anti Dumping Rules.

In view of this, the Authority noting that since the recommendation of the Authority under Rule 22 is not covered for anti dumping duty exemption under the Customs Tariff Act by the Central Government; considers it appropriate to terminate the present investigations and therefore also does not consider it appropriate to examine the submissions made by the petitioner/other interested parties in response to the initiation notification. The Authority hereby terminates the investigations initiated vide Notification No.37/1/2001-DGAD dated 20th September, 2002.

Sd/-
L. V. SAPTHARISHI,
Designated Authority

Issued by:

Ministry of Commerce and Industry
(Department of Commerce)
(Directorate General of Anti Dumping and Allied Duties)

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