Discontinuance of the anti-dumping duty imposed on imports of the Fused Magnesia

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Customs Notification No. 99/2003 dated 1.7.2003
Discontinuance of the anti-dumping duty imposed on imports of the Fused Magnesia

WHEREAS, in the matter of import of Fused Magnesia falling under Chapter 25 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from the People’s Republic of China, the designated authority, vide notification No. 18/1/97-ADD, dated the 2^nd February, 1999, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 2^nd February, 1999, had in its final findings concluded that-

(a)
Fused Magnesia, originating in or exported from the People’s Republic of China had been exported to India below normal value, resulting in dumping;

(b)
the domestic industry had suffered material injury in the form of material retardation to its establishment; and

(c)
the injury had been caused to the domestic industry by the imports from the subject country.

AND WHEREAS, on the basis of the aforesaid findings of the designated authority, the Central Government has imposed anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 35/99-Customs, dated the 17^th March, 1999 [G.S.R. 211 (E), dated the 17^th March, 1999], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 17^th March, 1999;

AND WHEREAS, having directed by the Supreme Court vide its order dated 5.3.2003 in Civil Appeal Nos. 4936-4937 of 2000, the designated authority initiated review investigation, in terms of rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping duty on Dumped Articles and for Determination of Injury) Rules, 1995, to review the need for continued imposition of anti-dumping duty on Fused Magnesia, originating in or exported from the People’s Republic of China;

AND WHEREAS, the designated authority in its final findings on the review vide notification No. 18/1/1997-DGAD, dated the 9^th June, 2003, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 9^th June, 2003, has recommended for discontinuance of the anti-dumping duty recommended earlier vide final findings No. 18/1/97-ADD dated 2.2.1999 and imposed on all imports of the Fused Magnesia, originating in or exported from the People’s Republic of China.

NOW THEREFORE, in exercise of the powers conferred by section 9A of the said Customs Tariff Act read with rules 18, 20 and 23 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 in review of the designated authority, hereby rescinds the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.35/99-Customs, dated the 17^th March, 1999.

V.Sivasubramanian
Deputy Secretary to the Government of India

F.No.354/53/2003-TRU

(a)	Fused Magnesia, originating in or exported from the People’s Republic of China had been exported to India below normal value, resulting in dumping;
(b)	the domestic industry had suffered material injury in the form of material retardation to its establishment; and
(c)	the injury had been caused to the domestic industry by the imports from the subject country.