TaxTMI 
TaxTMI 
2017 (12) TMI 291
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....evy 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 recommended goods produced by M/s Heyuan Wanfeng Ceramics ....
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....y 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 domestic industry; And whereas on the basis of the aforesaid final findings of the designa....
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....thority, 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 subjected to provisional assessment till the review is completed; And whereas the designated authority, vide its fi....
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....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 under this notification shall be effective from the date of issue of the notification ordering provisional assessment, that is, the 30th September 2....