2017 (12) TMI 291

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.... goods were adjudicated and there were no levy of anti-dumping duty by the adjudicating authority Commissioner. 2. Respondent says that there was no levy of anti dumping duty prescribed in terms of Notification No.73/2003-Cus dated 01/05/2003 as amended by Notification No.95/2006-Cus dated 08/09/2006 on the goods manufactured 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. 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 recommend....

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....ct countries), and imported into India, the designated authority in its final findings No. 37/1/2001-DGAD, dated the 4th February, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5th February, 2003, had come to the conclusion 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 d....

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.... by the designated authority; And whereas on the basis of aforesaid 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 exported by M/s. Foshan Lungo Ceramics Co. Ltd., Peoples Republic of China through the exporter, M/s. Enterprise Trading FZE, United Arab Emirates when imported into India, shall be subje....

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....t May, 2003, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 376(E), dated the 1st May, 2003, namely :- In the said notification, after the second proviso and before the Explanation, the following proviso shall be inserted, namely :- "Provided further that no anti-dumping duty shall be imposed on the imports into India of subject goods falling under chapter 69 of the First Schedule to the said Customs Tariff Act, 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." 2. The amendments u....