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2017 (12) TMI 291

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..... . Ltd.,for which the matter needs scrutiny. Appeal is required to be remanded to the adjudicating authority to examine the genesis of the levy on the subject goods ascertaining the identity of exporter, producer and channelizing agency exported the subject goods from the subject country - appeal allowed by way of remand. - C/1252/2008 - A/91003/2017 - Dated:- 25-9-2017 - Shri D N Panda, Judicial Member And Shri C J Mathew, Technical Member Shri Manoj Kumar, Dy. Commissioner (AR) for the appellant Shri M.S. Murthy, Advocate for the respondent ORDER Per: D N Panda Learned AR says that against Bill of Entry No. 815131 dated 06/05/2008', 20 containers came to India. Out of that, six containers found the goods .....

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..... hich there shall not be anti-dumping duty. Accordingly, the original notification No. 73/2003-Cus dated 01/05/2003 was amended vide Notification No. 95/2006 dated 08/09/2006. While issuing this notification dated 08/09/2006 following amendment was made to notification No. 73/2003 Cus dated 01/05/2003 which reads as under: Anti-dumping duty on vitrified and porcelain tiles, originating in, or exported from Peoples Republic of China and UAE - Amendment to Notification No.73/2003-Cus. Whereas in the matter of import of vitrified and porcelain tiles, other than vitrified industrial tiles (hereinafter referred to as the subject goods ), falling under headings 6907 or 6908 of the First Schedule to the Customs Tariff Act, 1975 (51 of 19 .....

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..... Ltd., Peoples Republic of China as exporter through M/s. Enterprise Trading FZE, U.A.E. as exporter, for review in terms of rule 22 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 in respect of exports made by them, the designated authority, vide new shipper review notification No. 15/19/2004-DGAD dated 25th August 2004, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25th August 2004, had recommended provisional assessment of all exports of the subject goods made by the said M/s. Heyuan Wanfeng Ceramics Co. Ltd., Peoples Republic of China and exported by M/s. Foshan Lungo Ceramics Co. Ltd., Peoples Republic .....

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..... eriod of investigation and recommended that no anti-dumping duty be imposed on the subject goods produced by M/s. Heyuan Wanfeng Ceramics Co. Ltd., Peoples Republic of China and exported by M/s. Foshan Lungo Ceramics Co. Ltd., Peoples Republic of China through the exporter, M/s. Enterprise Trading FZE, United Arab Emirates. Now, therefore, in exercise of the powers conferred by sub-section (1) read with sub-section (5) of section 9 A of the said Customs Tariff Act, read with rules 18, 20 and 22 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, on the basis of the aforesaid final findings of the designated authori .....

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