CBIC Notifies Continuation of ADD on Imports of Specified Types of Tiles from China

The Central Board of Indirect Taxes and Custom (CBIC) issued Notification No. 09/2022-Customs (ADD) dated 24th February 2022 regarding continuation of Anti-Dumping Duty (ADD) on imports of Glazed/Unglazed Porcelain/Vitrified Tiles in polished or unpolished finish with Less than 3% water absorption from China PR for a period of 5 years.

The Notification is Given Below:

G.S.R. (E). – Whereas, the designated authority, vide notification No. 7/39/2020-DGTR, dated the 22nd January, 2021 published in Gazette of India, Extraordinary, Part I, Section 1, dated the 22nd January. 2021 had initiated the review in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975), (hereinafter referred to as the Customs Tariff Act), and in pursuance of rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, in the matter of continuation of anti-dumping duty on imports of ‘Glazed/Unglazed Porcelain/Vitrified tiles in polished or unpolished finish with less than 3% water absorption’ (hereinafter referred to as “the subject goods”), falling under headings 6907 or 6914 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China (hereinafter referred to as subject country) and imported into India, imposed vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 29/2017-Customs(ADD), dated the 14th June, 2017 published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R. 588(E), dated the 14th June, 2017;

And whereas, the Central Government has last extended the period of imposition of anti-dumping duty on the subject goods, originating in, or exported from, the subject country up to and inclusive of the 28th February, 2022 vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 54/2021-Customs(ADD), dated the 30th September, 2021, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R.685(E), dated the 30th September, 2021;

And whereas, in the matter of review of anti-dumping duty on imports of the subject goods, originating in, or exported from the subject country, the designated authority in its final findings, published vide notification No. 7/39/2020-DGTR, dated the 26th November, 2021, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 26th November, 2021, has inter-alia come to the conclusion that –

i. the subject goods continue to be exported to India at prices below normal value resulting in continued dumping.

ii. there is a likelihood of continuation or recurrence of dumping and injury upon cessation of the existing anti-dumping duties.

and has recommended continued imposition of an anti-dumping duty on imports of the subject goods, originating in, or exported from the subject country and imported into India;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) read with rules 18 and 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 29/2017-Customs(ADD), dated the 14th June, 2017, vide number G.S.R. 588(E), dated the 14th June, 2017, except as respects things done or omitted to be done before such supersession, the Central Government, after considering the aforesaid findings of the designated authority, hereby imposes on the subject goods, the description of which is specified in column (3) of the Table below, falling under headings of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), originating in the countries as specified in the corresponding entry in column (4), and exported from the countries as specified in the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (6), and imported into India, an anti-dumping duty at a rate which is equal to the amount as specified in the corresponding entry in column (7) in the currency as specified in the corresponding entry in column (9) and per unit of measurement as specified in the corresponding entry in column (8) of the said Table.

* The product does not cover Micro-crystal tiles, Full body tiles and Thin Panels below 5 mm thickness.

2. The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, suspended and amended earlier) from the date of publication of this notification in the Official Gazette and shall be paid in Indian currency.

Explanation. – For the purposes of this notification, the rate of exchange applicable for the purpose of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962), 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, 1962.

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