Soluble Salt Double Charge, GVT and PGVT Tiles from China – Final Findings

· Anti-dumping Duty shall not be Charged for the period from 18 Sept 2016 to 13 June2017 due to Lapse of Provisional Duty

[Customs Notification No. 29 (ADD) dated 14^th June 2017]

Whereas, in the matter of ‘Glazed/Unglazed Porcelain/Vitrified tiles in polished or unpolished finish with less than 3% water absorption’) falling under heading 6907, ~~6908~~ or 6914 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from the China PR, (hereinafter referred to as the subject country), and imported into India, the designated authority in its preliminary findings published in the Gazette of India, Extraordinary, Part I, Section 1, vide notification No. 14/14/2014-DGAD dated the 11th March, 2016, had come to the conclusion that –

(a) the subject goods have been exported to India from the subject country below normal value;

(b) the domestic industry has suffered injury on account of import of the subject goods from the subject country;

and had recommended imposition of provisional anti-dumping duty on the goods, originating in or exported from the subject country and imported into India, in order to remove injury to the domestic industry;

And whereas on the basis of the aforesaid preliminary findings of the designated authority, the Central Government had imposed provisional anti-dumping duty, vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 12/2016-Customs (ADD), dated the 29th March, 2016, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 359 (E), dated the 29^th March, 2016;

And whereas the designated authority vide its final findings vide notification No. 14/14/2014-DGAD, dated 8th April, 2017, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 8th April, 2017, in the matter of “Soluble Salt Double Charge, GVT and PGVT, Porcelain/ Vitrified Tiles with less than 3% water absorption and All sizes” (hereinafter referred to as the said goods) has come to the conclusion that -

(a) there has been significant increase in the volume of dumped imports from the subject country in absolute terms throughout the injury period and in relation to production and consumption in India;

(b) the said goods are entering the Indian market from the subject countries at dumped prices;

(c) though the performance of the domestic industry, in terms of volume and price parameters during the POI as a whole does not show any deterioration last two quarters of the POI shows significant volume and price effects of dumped imports from the subject country due to significant increase in imports and decline in prices;

(d) overall assessment of the trend in increasing imports and decline in prices coinciding with imposition of trade remedy measures on export of tiles from China to those countries, sluggish demand and overcapacity in China indicates that there is an imminent threat of intensified dumping in India and consequent injury to the domestic industry in the absence of a measure,

and has recommended imposition of definitive anti-dumping duty on the said goods, originating in or exported from the subject country and imported into India, in order to remove injury to the domestic industry;

Now, therefore, in exercise of the powers conferred by sub-section (1) and (5)of section 9A of the Customs Tariff Act, 1975 (51 of 1975), 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, after considering the aforesaid final findings of the designated authority, hereby imposes definitive anti-dumping duty on the said goods, the description of which is specified in column (3) of the Table below, falling under Chapter heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), originating in the country as specified in the corresponding entry in column (4), produced by the producer as specified in the corresponding entry in column (6), when exported from the country as specified in the corresponding entry in column (5), by the exporter as specified in the corresponding entry in column (7), imported into India, an anti-dumping duty at the rate equal to the amount as indicated in the corresponding entry in column (8), in the currency as specified in the corresponding entry in column (10) and as per unit of measurement as specified in the corresponding entry in column (9) of the said Table, namely:-

Table
Sl. No.	Heading	Description of goods	Country of origin	Country of export	Producer	Exporter	Duty amount	Unit	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)
1.	6907, ~~6908,~~ 6914	Soluble Salt, Double Charge, GVT and PGVT Porcelain/Vitrified Tiles with less than 3% water absorption and All sizes*	China PR	China PR	M/s Southern Building Materials & Sanitary Co. Ltd. of Qingyuan City, M/s Jiangxi Fuligao Ceramics Co. Ltd. and M/s Guangdong Luxury Microcrystal Stone Technology Co. Ltd.	M/s New Zhong Yuan Ceramics Import & Export Co. Ltd. of Guangdong	NIL	Square Meter	US Dollar
2.	6907, ~~6908,~~ 6914	Soluble Salt, Double Charge, GVT and PGVT Porcelain/Vitrified Tiles with less than 3% water absorption and All sizes*	China PR	China PR	M/s Guangdong Haosen Ceramics Co., Ltd.	M/s Foshan Haosen Import and Export Co., Ltd, M/s Foshan Kihut Ceramic Co., Ltd, & M/s Kunlagy Ltd, Hong Kong	0.83	Square Meter	US Dollar
3.	6907, ~~6908,~~ 6914	Soluble Salt, Double Charge, GVT and PGVT Porcelain/Vitrified Tiles with less than 3% water absorption and All sizes*	China PR	China PR	M/s Foshan Lihua Ceramics Co. Ltd.	M/s Foshan Henry Trading Co. Lt	NIL	Square Meter	US Dollar
4.	6907, ~~6908,~~ 6914	Soluble Salt, Double Charge, GVT and PGVT Porcelain/Vitrified Tiles with less than 3% water absorption and All sizes*	China PR	China PR	M/s Qingyuan Qiangbiao Ceramics Co., Ltd. And M/s Foshan Qiangbio Ceramics Co. Ltd	M/s Foshan Hongliao Trade co. Ltd., China PR; M/s Sheenway Corporation Ltd., Hong Kong	0.28	Square Meter	US Dollar
5.	6907, ~~6908,~~ 6914	Soluble Salt, Double Charge, GVT and PGVT Porcelain/Vitrified Tiles with less than 3% water absorption and All sizes*	China PR	China PR	M/s Foshan Chancheng Jinyi Ceramics Co. Ltd. And M/s Xin Xing Xian Zhisheng Ceramics Co., Ltd.	M/s Foshan Worceter Trade Co. Ltd. And M/s Sheenway Corporation Ltd., Hong Kong	NIL	Square Meter	US Dollar
6.	6907, ~~6908,~~ 6914	Soluble Salt, Double Charge, GVT and PGVT Porcelain/Vitrified Tiles with less than 3% water absorption and All sizes*	China PR	China PR	M/s Guangdong Gelaisi Ceramics Co. Ltd, and M/s Foshan Sanshui Huiwanjia Ceramics Co. Ltd	M/s Foshan Newpearl Trade Co. Ltd	NIL	Square Meter	US Dollar
7.	6907, ~~6908,~~ 6914	Soluble Salt, Double Charge, GVT and PGVT Porcelain/Vitrified Tiles with less than 3% water absorption and All sizes*	China PR	China PR	Non sampled Producer/ Exporter as per list given below**		0.79	Square Meter	US Dollar
8.	6907, ~~6908,~~ 6914	Soluble Salt, Double Charge, GVT and PGVT Porcelain/Vitrified Tiles with less than 3% water absorption and All sizes*	China PR	China PR	Any combination other than mentioned in S.No. 1 to 7 above		1.87	Square Meter	US Dollar
9.	6907, ~~6908,~~ 6914	Soluble Salt, Double Charge, GVT and PGVT Porcelain/Vitrified Tiles with less than 3% water absorption and All sizes*	China PR	Any country other than China PR	Any	Any	1.87	Square Meter	US Dollar
10.	6907, ~~6908,~~ 6914	Soluble Salt, Double Charge, GVT and PGVT Porcelain/Vitrified Tiles with less than 3% water absorption and All sizes*	Any country other than China PR	China PR	Any	Any	1.87	Square Meter	US Dollar
*[HS Code 6908 omitted by Corrigendum dated 7 July 2017]*

*The product does not cover Micro-crystal tiles, Full Body tiles and thin panel tiles below 5mm thickness.

**List of Non-sampled exporters from China PR.

Sl.No.	Name of the Producer	Name of the Exporter
1	2	3
1.	Foshan Helai Building Materials Co., Ltd and Foshan City Gaoming district hui Mei AO Building Material Co., Ltd.	Foshan Xinzhongwei Economic and Trade Co., Ltd, M/s Globlink Overseas (HK) Ltd.
2.	Foshan City TaoQuiang Building Material Co., Ltd.	Foshan Fortune Imp. And Exp. Trade Co., Ltd.
3.	Monalisa Group Co., Ltd.	Guangdong Monalisa Trading Co., Ltd.
4.	Foshan Gold Full House Building Material Co., Ltd.	Foshan Nanhai Rongjia IM & EX Co., Ltd, and Foshan Clouds Import & Exports Co., Ltd.
5.	Guangdong Yongsheng Ceramics Co., Ltd	Foshan Ishine Trading Co., Ltd.
6.	Foshan Sunny Ceramic Co., Ltd.	Foshan Gold Medal Import and Export Trading Co., Ltd.
7.	Enping City Huachang Ceramic Co., Ltd.	Enping City Huachang Ceramic Co., Ltd.
8.	Foshan Oceanland Ceramics Co., Ltd	Foshan Oceanland Ceramics Co., Ltd
9.	Guangdong Overland Ceramics Co., Ltd	Guangdong Overland Ceramics Co., Ltd
10.	Guangdong Kito Ceramics Co., Ltd	Guangdong Kito Ceramics Co., Ltd
11.	Foshan Sincere Building Material Co., Ltd	Foshan Sincere Building Material Co., Ltd
12.	Guangdong Guanxing Ceramics Enterprise Co., Ltd	Guangdong Guanxing Ceramics Enterprise Co., Ltd
13.	Qingyuan Quya Ceramics Co., Ltd	Qingyuan Quya Ceramics Co., Ltd
14.	Jingdezhen Kito Ceramic Co., Ltd	Jingdezhen Kito Ceramic Co., Ltd
15.	Foshan Louis Valentino Ceramic Co., Ltd	Foshan Louis Valentino Ceramic Co., Ltd
16.	Guangdong Xinfengjing Ceramics Co., Ltd	Guangdong Xinfengjing Ceramics Co., Ltd
17.	Guangdong Tianbi Ceramics Co., Ltd	Guangdong Tianbi Ceramics Co., Ltd
18.	Foshan HCC Building Material Co., Ltd	Foshan HCC Building Material Co., Ltd
19.	Zhanjiang Zhonghong Ceramics Co., Ltd	Foshan Beyond Import and Export Co., Ltd
20.	Heyuan Romantic Ceramics Co., Ltd	Foshan Beyond Import and Export Co., Ltd
21.	Foshan Nanhai Yonghong Ceramic Co., Ltd	Foshan Jun Enterprise Co., Ltd
22.	Foshan Dunhunang Building Material Co., Ltd	Foshan Dunhunang Building Material Co., Ltd
23.	Foshan Sanshui Hongyuan Ceramics Enterprise Co., Ltd	Foshan Sanshui Hongyuan Ceramics Enterprise Co., Ltd
24.	Foshan Gani Ceramic Tiles Co. Ltd.	Qingyuan Ceramic Tiles Co. Ltd.

2. The anti-dumping duty imposed under this notification shall be levied for a period of five years (unless revoked, amended or superseded earlier) from the date of imposition of the provisional anti-dumping duty, that is, the 29th March,2016, imposed vide Notification number 12/2016 dated the 29th March, 2016, and shall be paid in Indian currency:

Provided that the said anti-dumping duty shall not be levied for the period commencing from the lapse of the provisional anti-dumping duty, that is, the 28th September,2016, up to the preceding day of the publication of this notification, in the Official Gazette.

3. Notwithstanding anything contained in paragraph 2, the anti-dumping duty imposed under this notification shall remain in force up to and inclusive of the 28^th February 2022 ~~28th June, 2021~~ ~~31^st December 2021~~, unless revoked, superseded or amended earlier.

[54-ADD/39.09.2021 – Validity Extended to 28h February 2022 from 31 December 2021;
34-ADD/28.06.2021 – Validity Extended to 31^st December 2021 from 28^th June 2021;
09-ADD/25.02.2021 – Para 3 inserted]

Explanation. - For the purposes of this notification, rate of exchange applicable for the purposes 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 determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Act.

[F. No. 354/24/2016 – TRU]