NOTIFICATION NO. 18/1/1997-DGAD DATE 24/03/2003

Initiation of Mid-Term Review regarding anti-dumping duty imposed on Fused Magnesia from China PR.
The Designated Authority (hereinafter referred to as the Authority) in accordance with the Customs Tariff Act 1975 (No.51 of 1975) as amended by Customs Tariff (Amendment) Act, 1995 No.6 of 1995 read with Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 recommended imposition of the definitive) Anti-Dumping duty on imports of Fused Magnesia, (as mentioned above) originating in or exported from China PR. The final duty was recommended vide Gazette Notification No. 18/1/97/ADD dated 2.2.1999 which was imposed by Customs Notification No.35/99-Customs dated 17.3.1999.

Product Involved: The product under consideration in the present mid-term review is Fused Magnesia.

Fused Magnesia is a magnesia used as a refractory material primarily in steel production. Magnesia is available from natural sources ( e.g. fused magnesia) as well as synthetic sources ( e.g. sea water magnesia). Magnesia available from either of the two sources can be sintered to get sintered magnesia (like sea water magnesia) or fused to get fused magnesia. Fused magnesia is produced in various grades, generally classified in terms of its chemical properties (such as MgO, CaO. SiO2, Al203, Fe203, B203) and physical properties (such as bulk density, crystal size, trye porosity). The subject Fused Magnesia is classified under chapter custom sub-heading 2519.90 of Schedule 1 of the Customs Tariff Act, 1975 and under 2519.90.01 and 2519.90.03 of International Trade Classification. The classification is, however, indicative only and is in no way binding on the scope of the present investigation.

2. Initiation: The Customs Tariff (Amendment) Act, 1995 and the Rule 23 as Notified in Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of injury) Rules, 1995 made thereunder require the Authority to review from time to time, the need for continuance of Anti-Dumping duty.

The Hon'ble Supreme Court vide its Order dated 5.3.2003 in Civil Appeal No. 4936-4937 of 2000 has directed the Authority to assess the following inter-alia:

(a) Whether the closure of the factory of Birla Periclase (which was manufacturing sitnered magnesia) was a result of the dumping carried out by Chinese exporters of Fused Magnesia or not and whether the closure was subsequent to the investigation or prior thereto

b) Whether in the facts & circumstances of the case the continuation of the anti-dumping duty is justified.

(c) To complete the review within three months of receipt of the Hon'ble Supreme Court Order.

3. Procedure: The Designated Authority hereby initiates mid-term review in compliance, with the directions of Hon'ble Supreme Court to review the need for continued imposition of the anti-dumping duty on imports of FuS6d Magnesia (as mentioned above) originating in or exported from China PR, in accordance with the Customs Tariff (Amendment) Act, 1995 and the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty' on Dumped Articles and for Determination of Injury) Rules, 1995.

4. Domestic Industry: M/s. Birla Periclase, Plot No. l Kirlampudi Layout, Beach Road, Vishakapatnarn-530 017, Andhra Pradesh was considered as Domestic Industry in the earlier notifications. The Authority proposes to consider this company as the domestic industry in accordance with the Rules supra.

5. Period of investigation: The period of investigation in this case will be from 1.1.2 to 31.12:2002.

6. Submission of Information: The exporters in the subject countries and the .importers in India known to be concerned and the domestic industry are being addressed separately to submit relevant information in the form and mariner prescribed and to make their views known to

The Designated Authority
Ministry of Commerce & Industry,
Department of Commerce,
Directorate General of Anti-Dumping and Allied Duties, Udyog Bhavan,
New Delhi - 110 011
Any other interested party may also made its submissions relevant to the investigation in the prescribed form and manner within the time limit set out below.

7. Time Limit: Any information relating to the present mid-term review should be sent in writing so as to reach the Authority at the address mentioned above not later than thirty days from the date of publication of this review notification.

8. Public Hearing: The Hon'ble Supreme Court has directed the authority to complete the review within three months i.e. by 11.06.2003. Therefore, the notice for Public Hearing is being given alongwith the initiation notice itself to complete the review within the stipulated time. The authority will hold Public Hearing on 30th April, 2003 in Room No. 141, Udyog Bhavan, Ministry of Commerce & Industry at 3.00 p.m. to provide an opportunity to all interested parties to express their views followed by written submissions.

9. Inspection of Public File: In terms of Rule 6(7) any interested party may inspect the public file containing non-confidential version of the submissions/evidence submitted by other interested parties.

10. In case where an interested party refuses access to, or otherwise does not provide necessary information within a reasonable period, or significantly impedes the investigation, the Authority may record its findings on the basis of the facts available to it and make such recommendations to the Central Government as deemed fit.

Sd/-
L. V. SAPTHAR.ISHI, Designated Authority

Issued by:
Ministry of Commerce and Industry
(Department of Commerce)
(Directorate General of Anti-Dumping allied Duties), New Delhi

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