CUS CIR NO. 75/2003 DATE 28/08/2003

Anti Dumping Duty on imports of Fused Magnesia from China PR Stands Withdrawn Retrospectively from 1.10.99

I am directed to refer to the subject mentioned above and to say that as recommended by the Designated Authority (DA) final anti-dumping duty had been imposed on Fused Magnesia originating in or exported from China PR, vide notification No. 35/99-Cus. dated 17.3.99.

2. However, the Supreme Court in its order dated 5.3.2003 in Civil Appeal Nos. 4936-4937 of 2000, inter alia, directed as under:

“ … Our attention has been drawn to Rule 23, which provides for a limited power of review for the purpose of continuing with the anti-dumping duty but confers no power for retrospectively withdrawing the same. Since we are passing this order in the peculiar facts of this case with a clear understanding that the same should be cited as a precedent in other cases, we direct that the Designated Authority may consider the entire matter including whether the duty can be withdrawn for any period from February 2, 1999; i.e. the date of the final findings of the Designated authority …”

Pursuant to these directions of the Supreme Court, the DA in his final findings, on review, has recommended for (i) discontinuance of the anti-dumping duty imposed on imports of Fused Magnesia, classified under Chapter 25, originating in or exported from China PR vide notification No. 35/99-Cus. dated 17.3.99 and (ii) retrospective withdrawal of the anti-dumping duty on `Fused Magnesia’ with effect from 01.10.1999. The recommendations of the D.A. have been accepted by the Government.

3. In respect of DA’s recommendations for discontinuance of anti-dumping duty on Fused Magnesia, notification No. 99/2003-Cus., dated 1.7.2003 has been issued so as to rescind notification No. 35/99-Cus., dated 17.3.99.

4. As regards the retrospective withdrawal of anti-dumping duty, it is herby clarified that in view of the Supreme Court’s order dated 5.3.2003 and acceptance of DA’s recommendations, the anti-dumping duty on Fused Magnesia originating in or exported from China PR will stand withdrawn retrospectively from 1.10.99.

5. This may be brought to notice of all concerned.

6. Please acknowledge receipt of this circular.

Sd/-
(H.K. Sharma)
Senior Technical Officer (TU)

F.No. 523/8/2003-Cus (TU)

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