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Commissioner of Customs (Import) , Nhava Sheva Versus Nitco Tiles Ltd.

2017 (12) TMI 291 - CESTAT MUMBAI

Levy of ADD - N/N. 73/2003-Cus dated 01/05/2003 as amended by N/N. 95/2006-Cus dated 08/09/2006. Subsequent to the above notification, a fresh N/N. 95/2006-Cus dated 08/09/2006 prescribed provisional levy till new shiper review was completed - Held that: - it is necessary to ascertain the manufacturer, the exporter and the channelising agency in terms of above amendment to decide whether there shall be levy of anti-dumping duty - Record reveals that examination report categorically state that su .....

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- 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 manufactured by M/s Foshan Lungo Ceramics Co. Ltd. of China against the declared - manufacturer as M/s Heyuan Wanfeng Ceramics Co. Ltd. Accor .....

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M/s Enterprise Trading FZE, United Arab Emirates. 3. Subsequent to the above notification, a fresh Notification No.95/2006-Cus dated 08/09/2006 prescribed provisional levy till new shiper review was completed. 4. The designated authority recommended goods produced by M/s Heyuan Wanfeng Ceramics Co. Ltd., Peoples Republic of China and exported by M/s Foshan Lungo Ceramics Co. Ltd. shall be subject to provisional assessments till the review is completed as notified by Central Government under Noti .....

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/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&qu .....

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lusion that - (a) the subject goods have been exported to India from the subject countries below its normal value resulting in dumping; (b) the Indian industry had suffered material injury; (c) the injury had been caused cumulatively by the imports from the subject countries; and had recommended the imposition of definitive anti-dumping duty, on all imports of vitrified and porcelain tiles from the subject countries in order to remove the injury to the domestic industry; And whereas on the basis .....

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d., Peoples Republic of China, producer with M/s. Foshan Lungo Ceramics Co. 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, .....

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oresaid recommendation of the designated authority, the Central Government had ordered, vide notification No. 102/2004-Customs dated 30th September 2004, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 30th September 2004 [G.S.R. 650(E), dated the 30th September 2004] that, pending the outcome of the said review by the designated authority, the subject goods, produced by M/s. Heyuan Wanfeng Ceramics Co. Ltd., Peoples Republic of China and export .....

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vitrified and porcelain tiles exported to India 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 is above its normal value during the period 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 exporte .....

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