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
[PART I—SEC. I]
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THE GAZETTE OF INDIA. EXTRAORDINARY
[PART I—SEC. 1]
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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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fPARTl-SFr.il
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