REGD. NO. D. L.-33004/99

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 250

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NEW DELHI, TUESDAY, SEPTEMBER 24, 2002/ASVINA 2, 1924

2984

GI/2002

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THE GAZETTE OF INDIA: EXTRAORDINARY

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THE GAZETTE OF INDIA. EXTRAORDINARY

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MINISTRY OF COMMERCE AND INDUSTRY

(DEPARTMENTOFCOMMERCE)

DIRECTORATE GENERAL OF ANTI-DUMPING AND ALLIED DUTIES

NEW SEnPPER REVffiW INITIATION NOTIFICATION

New Delhi, the 20th September, 2002

Sub.: Initiation of New Shipper Review of Anti-Dumping duty imposed on imports of Vitrifled/Porcelaln Tiles

requested by M/s. Nanhai Shangyuan Oulian Construction Ceramics Co. Ltd., China (Producer) and M/s.

Prestige General Trading, Dubai, L1 AE (Exporter).

No. 37/I/2OOI-DGAD.^ MJs. Nanhai Shangyuan Oulian Construction Ceramics

Co. Ltd., China, producer with M/s Prestige General Trading, Dubai, UAE as

exporter has filed a palitiori in accordance with the Customs Tariff Act, 1975 as

amended in 1995 and Customs Tariff(ldentification, Assessment and Collection

of Anti- Dumping duty on Dumped Articles and for Determination of lnjury)Rules,

1995 before the Designated Authority (hereinafter referred to as the Authority)

requesting for a review of the Anti-Dumping duty recommended by the

Designated Authority on exports of Vitrified/Porcelain Tiles(hereinafter referred

to as subject goods) from PR China and UAE in the earlier case of Anti-Dumping

investigation where 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. Anti-Dumping duty

were imposed by the Central Government on the preliminary findings vide

Notification No.50/2002-Customs dated 2nd May, 2002.

EXPORTER INVOLVED:

2.

The present investigations relate to exports of Vitrified/Porcelain Tiles by

M/s, Nanhai Shangyuan Ouljan Construction Ceramics Co. Ltd., China, producer

with M/s Prestige General Trading, Dubai, UAE as exporter to India (hereinafter

also referred to as the Petitioner).

INITIATION OF REVIEW IN RESPECT OF NEW EXPORTER:

3.

The Customs Tariff(Amendment) Act, 1995 and the Pules made there

under require the Authority to review for the purpose of determining individual

margin of dumping for any exporter or producer in the exporting country in

question who has not exported to India the subject goods .during the period of

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investigation of the earlier case of Anti-Dumping investigation against import of

Vitrified/Porcelain Tiles from PR China and UAE where Anti-Dumping duty has

been notified vide Notification No. 50/2Q02 - Customs Dated 2nd May, 2002.

The petitioner has furnished prima facie evidence that it satisfies the conditions

prescribed under Rule-22 of Anti-Dumping duty Rules, and has requested for

determination of separate dumping margin.

4.

The Authority having been satisfied with the conditions as prescribed

under Rule 22 of Anti-Dumping Rules, decides to review the Anti-Dumping duty

imposed by the Central Government in pursuance of the recommendations made

by the Authority vide Notification No. 37/1/2001 -DGAD dated 3rd December,

2002, as requested by M/s. Nanhai Shangyuan Oulian Construction Ceramics

Co. Ltd., China, producer with M/s Prestige General Trading, Dubai, UAE as

exporter.

5.

Having decided to initiate New Shipper review the preliminary findings

notified vide Notification No.37/1/2001-DGAD dated 3rd December, 2001 needs

to be reviewed with regard to import of Vitrified/Porcelain Tiles from PR China,

the Authority hereby initiates investigations to determine separate dumping

margin in respect of M/s. Nanhai Shangyuan Oulian Construction Ceramics Co.

Ltd., China, producer with M/s Prestige General Trading, Dubai, UAE as exporter

in accordance with the Rules Supra.

6.

The Authority recommends provisional assessment on all exports made

by M/s. Nanhai Shangyuan Oulian Construction Ceramics

Co. Ltd., China,

producer with M/s Prestige General Trading, Dubai, UAE as exporter of subject

goods, till this review is completed, in accordance with the Rule 22(2) of the

Rules Supra and having regard to Custom Notification No.50/2002 dated 2nd

May, 2002. The provisional aspect would however also have regard to the final

outcome of the investigation already initiated on 6.8,2001, i.e. the final

determination of the Authority and the corresponding Customs Notification for

this determination.

PERIOD OF INVESTIGATION:

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The period of investigation for the purpose of the present review is i3t July,

2002 to 318l December, 2002.

SUBMISSION OF INFORMATION:

8.

The exporters and importers known to be concerned and domestic

industry 3f& hpinn infnrmAH qonaratplv to 6!"!9b'£ th<?rn to Submit relevant

information in the form and manner prescribed and to make their views known to

the Designated Authority, Directorate General of Anti Dumping & Allied Duties,

Department of Commerce, Ministry of Commerce and Industry, Government of

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India, Udyog Bhavan, New Delhi-110011. Any other interested party may also

make its submissions relevant to the investigation to the above Authority in the

prescribed form and manner within the time limit set out below.

TIME LIMIT

9.

All information relating to this review should be sent in writing so as to

reach the Authority at the above address not later than thirty days from the

date of completion of period of investigation. If no information is received within *

the prescribed time limit or the information received is incomplete, the Authority

may reooid its findings on the basis of the facts available before the Authority in

accordance with tha Rules Supra.

INSPECTION OF PUBLIC FILE

10.

In terms of Rule 6(7) of Anti-Dumping Rules, any interested party may

inspect the public file containing non-confidential version of the evidence

submitted by other interested parties.

11.

All interested parties shall provide a Confidential summary in terms of

Rule 7(2), for the Confidential information provided as per Rule 7(1) of the Rules

Supra.

12.

In case where an interested party refuses access to, or otherwise does not

provide necessary information within a reasonable period, or significantly

impedes the investigation, the Authority may record its findings on the basis of

the facts available to it and such recommendations to the Central Government as

deemed fit.

L V SAPTHARISHI, Designated Authority & Addl. Secy.

Printed bv the Manager, GovL of India Proso, Ring Road, Mayapun, New Delhi-110064

and Published hy the Controller of Publication, Dclhi-110054—2002